Decision expected soon in case of fight over dogs

August 16, 2010 4:54:01 PM PDT
We have an update on a story we've been following closely in the battle over what to do with two German Shepherds. They ran away from their owner and were later found at a rescue shelter. That shelter then adopted them out to new families. The fate of the two dogs, Zeus and Nikko, is now in the hands of a judge. We know that original owner Daisy Garza's dogs are in the Dallas area, and apparently, one of them has been there for quite some time. But what we don't know is where those dogs will be after the judge makes her ruling in this case on Tuesday.

In court today, the owner of the Whiskerville Animal Sanctuary, Wydell Dixon, admitted that she lied to Garza back on July 18 when she asked if her two lost dogs were still available for adoption. Dixon said yes at that time. But now we've learned that one dog was already in foster care with a new owner in Dallas.

Dixon was asked by her own attorney, "Why didn't you do the right thing and give the dogs back to Garza?"

She replied because Garza only applied to adopt one dog back. Dixon said when Garza first came forward after seeing her dogs up for adoption on the Whiskerville website, Dixon thought that the new owners would help out with the situation, but she says that didn't happen.

Dixon went on to say that when Garza only applied to adopt one of the dogs, and that spoke volumes about Garza's character as an owner.

Now we are told that both dogs are with the same owner in the Dallas area.

After Monday's hearing, we asked Dixon and her attorney what would happen if the judge rules the dogs must be reunited with Garza.

"We don't have the dogs. It's like asking me to give your car to someone," said Dixon's attorney, Patrick Drake. "She can order it, but what can we do?"

"We don't have the dogs, so I guess it will be up to the adopters," Dixon said.

Garza's attorney thinks otherwise.

"I will tell you that in other cases I've had, I've had judges that have ordered dogs to appear that were allegedly off in different places and they seem to matierialize somehow," said Zandra Anderson, Garza's attorney.

So the judge could rule a couple of different ways: She could rule she doesn't have jurisdiction in this case and the whole thing has to be heard all over again in Galveston County, where the owner of the animal sanctuary lives; the judge could rule that the dogs stay with their new owners in Dallas; or the judge could rule that the dogs have to be reunited with their original owner in Harris County.

The judge will make her ruling on Tuesday, so stay with Eyewitness News and abc13.com for the latest on this story.


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