Alpha Tex dogs to remain in foster care until trial - KCBD NewsChannel 11 Lubbock

Alpha Tex dogs to remain in foster care until trial

FLOYD COUNTY, TX (KCBD) -

Dogs seized from Alpha Tex Kennel will remain in foster care until a jury hears the case against the owners.

On Thursday, Floyd County Justice of the Peace Judge Tali Jackson granted a trial jury for the Alpha Tex Kennel.  No trial date has been set at this time.

The Floyd County Sheriff, with help from the Humane Society, seized approximately 300 dogs from the Alpha Tex property near Lockney in late September.  At the time Alpha Tex co-owner Sandra Smith said the Sheriff over-reacted to "temporary problems." 

"This is not a puppy mill situation," Smith said.  "Yes it outgrew us, it outgrew us in a big way."

Alpha Tex has petitioned the court for the return of the animals, which is what led to the Thursday hearing before Justice Jackson.

The Kennel's attorney, Paul Holloway argued the Smith's have lost more than $200,000 in revenue because of the seizure. Holloway explained the Kennel got out of hand because Mark Smith, one of the owners, became disabled. He said the affidavit did not elaborate on the poor conditions and didn't show probable for taking their animals. Holloway also explained deputies confronted the Smiths with assault rifles during the seizure.

The Sheriff took the stand explaining the Smiths have a trained German Sheppard which is why they had guns, but they were never pointed at the Smiths.

The Human Society volunteers were in court listening to the whole conversation, awaiting a decision that did not happen.

"It was not about the animals so I guess we will have to see later how this is all going to come out," said Humane Society of West Texas volunteer, Mary Hatfield.

Hatfield says they will be in trial every step of the way.

"This is not our first rodeo, we have worked with many sheriff's in many counties. Nothing that is happening here is strange or unusual," said Hatfield.

Copyright 2011 KCBD NewsChannel 11. All rights reserved.

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