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Judge orders dogs be returned after seizure by sheriff

Colorado Humane Society field investigators lift a dog out of a pen on County Road P July 22. Fourteen dogs were confiscated for alleged neglect. A county judge ordered 13 of the dogs be returned. (Jim Mimiaga/The Journal)
Citations issued for alleged animal cruelty

After a Montezuma County court hearing, 13 of 14 dogs seized by Sheriff Steve Nowlin for suspected neglect have been returned to their owners.

The dogs were taken July 22 during a search warrant investigating animal neglect on a Road P property.

At a hearing in late July, county Judge JenniLynn Lawrence ruled there was not probable cause for seizing 13 of the dogs on the property, according to hearing minutes.

Twelve dogs were returned to owner Sharon Ward and one was returned to owner Lousinda Ward.

Lawrence found that there was probable cause for a dog owned by Sharon Ward to be seized and it should remain impounded, according to court records.

The dog is recovering from an injury caused by a collar, Nowlin said.

As a result of the investigation, on July 23 the sheriff issued each dog owner a citation for cruelty to animals, a misdemeanor.

Regarding the dog seizure and citations, Nowlin said it was a result of “insufficient water, food, shelter and overall living conditions.”

“The goal is to improve the living conditions for the animals,” he said. “I hope they listen to us and do the things they need to do.”

Assistant District Attorney Will Furse said Tuesday that the citations for alleged animal cruelty are separate from the judge’s order returning 13 of the 14 animals.

The dogs were seized as part of an suspected animal neglect investigation that resulted in a search warrant carried out on July 22.

A Sheriff’s Office investigation was launched in June after neighbors complained about the welfare of the animals.

He said at that time investigators suspected livestock and other animals lacked sufficient food, water and shelter, and the owners were instructed to improve the situation.

The 11-acre property includes approximately two dozen horses, burros, seven head of cattle, sheep, goats and dogs, Nowlin said.

During a visit in June, the Colorado Humane Society recommended that the herd of animals be reduced to 10 or 12 animals or moved to a pasture that is appropriate for all the animals, according to Sheriff’s Office reports. The humane society offered to take the animals free of charge and put them up for adoption.

Officials with the Colorado Department of Agricutlure evaluate branding and animal health at a Road P property July 22 as part of a search warrant. State veterinarian Dan Love, right, conducted the health evaluations. The livestock were deemed to be in sufficient health and a seizure was not necessary. (Jim Mimiaga/The Journal)

During the July 22 search, sheriff officers were accompanied by Colorado Department of Agriculture veterinarian Dan Love, Colorado brand inspectors and Colorado Humane Society field investigators.

After health evaluations by the state veterinarian, it was determined a seizure of the livestock was not required. The health and living conditions of the livestock have improved since the investigation a month ago, Nowlin said in an interview at the scene.

The owners were directed to provide special care to six of the horses, Nowlin said, and there will be follow-up inspections.

Colorado Humane Society agents took temporary possession of the dogs which were being held at the Dumb Friends League in Denver.

The next court hearing for the alleged animal cruelty charges is for a pretrial conference Sept. 7.