Another 'vicious dog' case in the courtroom

The eventual focus of this case - just what is a Pit Bull?

UPDATE: The two sides negotiated a conditional release today. Two dogs will be kept at a rescue outside of Toledo, and Smith will keep one. There's another hearing in the case later this month.

ORIGINAL STORY: Toledo's Pit Bull or Vicious Dog Law has been the focus of numerous court cases, and another one is now moving through the system. The eventual focus of this case is just what is a Pit Bull?

Three dogs are being held at the warden's office. The owner claims they're Cane Corsos, not Pit Bulls. The dog warden disagrees. Today's hearing was to decide if the dogs have to stay here while the case moves through the court system.

Hugh Smith was walking his three dogs earlier this month when there was a fight between one of his dogs and a neighbor's dog. Smith's attorneys say they believe the other dog started the fight. The other dog was not seriously hurt.

Smith's three dogs have been held at the dog warden's for two weeks. His attorneys are asking that they be released until the court decides if, in fact, they are Pit Bulls. If the court agrees with the warden and Smith's convicted under the vicious dog law, among other things, the judge could sentence Smith to jail time and a fine. The judge could also order the dogs to be euthanized.

"There's no question. They are not Pit Bulls and we can prove it right now. We have paperwork showing that they are Cane Corsos and that their parents were, and their great-grandparents were Cane Corsos," says Smith.

The prosecution argues that it's too early to make any decisions. "I'm not saying something can't be worked out, but I think it's premature today for the state to give the dogs back. And we've argued that, but if the court makes that decision we will abide by the court's order," says the prosecution.

Smith's attorneys say this case is part of a bigger issue. "There's a history here of misclassifying Pit Bulls when they are not. Many of the people are scared to fight for their dogs, threatened with criminal prosecution," says Smith's attorney.

The judge will make a ruling Friday afternoon as to whether Smith can have his dogs while the case continues. Another hearing is scheduled for later this month to decide if the dogs are in fact Pit Bulls.

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