Larimer County dogs remain locked up after attack case is dismissed

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JOHNSTON, Colo. -- A Larimer County family continues the fight for their two dogs, being held at the Humane Society since they were seized in November.

The county says the dogs attacked an animal control officer near Johnstown in November.

The case was dismissed but a judge has granted prosecutors time to file new charges.  The dogs remain in custody.

The family has already spent nearly 20-thousand dollars in legal fees in their battle to bring Max and Duke home and now hope to receive support through a GoFundMe page.

On Nov. 17 an animal control officer was seriously injured after being attacked by the 4-year-old Bulldog Boxer Pit Bull Mix and 18 month old Labrador Mix.

The officer had been investigating a complaint by an oil worker who said he was nipped by one of the pets inside owner Kenneth Smith's yard.

Smith says shock collars keep the dogs secured and emphasizes that authorities should have notified him of the first incident before entering his yard.

"Our dogs are vaccinated, are registered with the Humane society  and this whole thing could have been avoided with a simple phone call."

Smith's attorney Juliette Piccone tells FOX31 the case was dismissed because "people in certain professions are putting themselves at risk of being bitten and we, as a society, have decided it doesn't make sense to be criminally prosecuting the owners of those dogs."

Smith vows to fight until his dogs return home. Piccone tells Fox 31 she will file a motion to have the dogs released.  .

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