Imagine a seizure of animals from your own kennel where a so called "Humane Society" [which has no shelter facility] seizes a very expectant mother, with her first litter and literally giving birth right then, from her whelping box, causing the first born puppy to fall to a concrete floor. This "person" then picks up the puppy, throws this poor new puppy into the crate with the mother and throws them into an open stock trailer, causing the death of the entire litter. Imagine the horror you would feel to watch this!

This is exactly what was reported of the seizure in Lockney, Texas on a fateful day in September. Is this a "humane act" on the part of the so called Humane Society of West Texas? How many times have we all heard this type of story across the country?

According to Ashlee West, a veterinary technician with the Humane Society of West Texas, it was an anonymous tip that led to the seizure of a reported 300 dogs (reports vary as to the number of dogs taken during the seizure, with some reports being about half this number) from the Alpha Tex Kennels in Lockney, Texas on Tuesday, September 28, 2011. Included in the seizure were 19 litters, ranging in age from 3 weeks to 6 months. Four of these litters were under weaning age. Ms. West claims that the dogs were living in inadequate conditions, and that they had to put down 2 of the reported 231 dogs. She claims the dog were unclean, unhealthy and not cared for. Yet when looking at numerous pictures and news video of the seizure, I see dogs that appear clean, groomed, shiny coats, clear eyes, healthy and well socialized.

According to FOX 34 News of Lubbock, "The humane society came out here, and then they told me in their opinion Alpha Tex Kennels was in terrible condition and that something needed to be done," Paul Raissez, Floyd County Sheriff, said. "They asked me if I would help them get a warrant to get these dogs off of the property." The warrant was signed by the county Justice of the Peace Kelli Dunbar, who has since refused any participation in the case. Since they waited until morning to do the seizure, why did they not get the county judge to sign the warrant?

Unbeknownst to the owners of Alpha Tex Kennels, different rescue organizations around the state began to prepare for which dogs they would be taking to "re-home." One of these was the Golden Beginnings Golden Retriever Rescue of Houston. On their own website, they state that Ashlee West had notified them prior to the seizure of what was going to take place, asking for assistance in placing the dogs. Reportedly, a collie rescue group located in Houston had the same advance notice.

According to the Daily Toreador, Co-Owner Mark Smith states that they had just had an AKC inspection on August 30, 2011 and had passed this inspection with little comment. He states that there were a few issues that needed to be addressed, but they were not given enough time to address those issues [before the illegal seizure.] He also states that the anonymous tip was in regards to a sick puppy that was being cared for and well on its way to good health. First thing on the morning of September 28, the seizure began. The Smith's report that the kennels were clean the night before and the seizure began before the morning feeding, watering and cleaning. [These kennels are equipped with much larger than required kennels, water misters and fans, as well as indoor and outdoor shade, which were necessary with the extreme heat and drought Texas has been experiencing. Alpha Tex Kennels also has implanted in each dog a microchip, insuring proper ownership identification. They do not sell wholesale, or to pet stores. They sell their puppies as family pets and companions.] However, on that fateful morning, the Sheriff, two deputies, all three in uniform and holding assault rifles, bringing with them the news crews from two television stations and an estimated 17 Humane Society "personnel", began the seizure of the Smith family's personal property. Were the news crews on site to assist in the Humane Society propaganda machine? Some of the personnel involved in the seizure knew this was wrong, and stated so as they were hauling out the mother German Shepherd giving birth during the seizure. However, they continued to "rope and drag" the dogs away.

There was also one horse involved in this seizure. The horse had a wound on one of its hind legs, which was being hydro therapy and treated for the previous six weeks. The horse had been responding previously, but was going down, so the decision to have him put down had already been made and scheduled to be done 2 days later from the date of the raid. The Humane Society put the horse down during the seizure and buried him on the Smith's property.

Given that during the time frame of the seizure Texas was dealing with extreme heat and drought, as well as excessive wild fires statewide, add to this the number of people involved in the seizure and doors wide open, I would expect to find flies inside the kennel area. Any kennel, large or small, will have feces on the flooring at any given point in time. It is a part of nature and along with this comes odor. You will see this in any rescue, shelter or local humane society facility at any point in time. The worry should start when you don't see fecal matter. Dog owners, have you looked in your own backyard? 

One customer comment is: "I recently purchased a collie puppy this July [2011] from Alpha Tex Kennels, and he was and is absolutely healthy and perfect. They went above and beyond in de-worming him at the proper two-week intervals, giving him his first puppy shots, and giving him a Parvo-vaccine. They even posted his pictures on their website and put "taken, our thanks to [my name]" under his picture. They also bathed him and gave him a fraction of a motion-sickness medicine to help him in the hour-long ride back to Lubbock (everyone who has had to drive a puppy home a long distance knows vomit/motion-sickness is likely to be involved). They were very knowledgeable about how to care for my puppy and about AKC regulations, and they even have a warranty against their collies developing hip-dysplasia (which naturally occurs in many collies). They have their own private label food that doesn't have corn as a main ingredient (and asked us that we never purchase dog food as such), and gave us a bag when we took him home because the less changes to a new puppy, the better. If AKC oversees their kennels regularly and states that the kennels are larger than required of an AKC breeder, than who are the sheriff and the West TX Humane Society to say it's not okay? I believe AKC, who has been around over 125 years, over the humane society."

The dogs have been taken out of Floyd County and spread out over a number of rescues and shelters, with the ultimate goal, according to Ms. West, to be adopted out. Debra Avery, with the Humane Society of West Texas, states that "There are some absolutely beautiful dogs out here..." Considering this comment, I have to wonder what it is the dogs needed rescuing from. Texas Statute 821.023 states "If the court [not the sheriff, not the humane society] finds that the animal's owner has cruelly treated the animal, the owner shall be divested of ownership of the animal... " Only after the court finds guilt does the statute allow the animal(s) to be turned over to an animal shelter, rescue or humane society! Now ask yourself how these dogs have been sent to locations in Houston and Dallas, among others. Texas Statute says that the dogs belong to the Smith's until if and when they are found by trial to be guilty of charges of cruelty or neglect in a court of competent jurisdiction. Given the lack of due process, which our Constitution guarantees, and the speed of the seizure, you have to wonder what the real goal was! The Smith's have petitioned the court to get their dogs back. During the pre-trial hearing of October 13, 2011, Justice of the Peace Tali Jackson, acting after the refusal of participation of Dunbar, ruled that a jury trial will decide the fate of the dogs. No trial date has been set.

Yet the Smith's have been deprived of their personal property and livelihood while facing what can amount to large legal fees. Let's consider this: Alpha Tex Kennels has passed all AKC inspections over the years, including the most recent inspection of August 30, 2011 with only one "Needs Improvement," despite Mark having had three foot surgeries, complications and has spent the last few months recovering from these; the kennel only had one "Needs Improvement." There were twenty plus people involved in the seizure, including the Sheriff and two deputies. Does this begin to sound like a setup from the beginning for the typical Humane Society propaganda machine? At the initial hearing, why was Sheriff Paul Raissez the only person to take the witness stand? Why did this Sheriff act-assist-on anonymous tip that was not given to him, but to a third party outside entity?

The Smith's attorney, Paul Holloway said there wasn't substantial evidence to seize the dogs at the kennel in late September. According to FOX 34 News in Lubbock, "David Guinn is a local defense attorney with no connection to the case. He says the specifics will come out in trial, but he personally is concerned about the statute that this case is based upon. 'People involved in a criminal enterprise, or drug dealers, fraudsters, Bernie Madoff ... have more rights than these people do and that's what should scare us. We usually don't pay attention because the law has a good purpose. It's to protect animals whether it's a cute cuddly puppy or a two thousand pound cow. We like animals so we wanna protect them. So we don't think about it but it's these people's livelihood, and (the statute) is basically putting them out of business on a warrant that is based on nothing but inclusions and to seize what they did.' "

Let's look at one of the actions during the seizure: First, according to Smith, Co-Owner of Alpha Tex Kennels, "They came on our property unannounced armed with assault rifles, and took all of our dogs." (Remember that state statute requirement) Mark was already outside, and the son was taken out of the house by assault rifle. Was this really necessary? When did the Old West become the New West, or should I say Gestapo Tactics Animal Rights Activist West? Why were the Smith's not given the opportunity to correct any alleged issues? Why were they denied their due process? Why was Floyd County law enforcement and the Humane Society of West Texas allowed to operate above the law?

It is being reported by numerous news agencies that the Smith's are suing Floyd County; however this is speculation at this time. The only legal action at this time is the Smith's trying to get their dogs back. It is also being reported that consideration to settle for $200,000.00 is being considered by two county officials. There is a petition to urge the County Commissioners to settle this case. There is also a petition to urge the Judge and Commissioners to not settle. Personally, I think the Smith's would be kind to consider a settlement of $200K, given the actions of the "seizure personnel" and the weapons used. Would you want this to happen to your family-your children? Reportedly, according to County Commissioner Nathan Johnson, "Alpha Tex owners Mark and Sandra Smith are in the process of suing Floyd County after Sheriff Paul Raissez, acting on an order signed by Justice of the Peace Kelly Dunbar, who has since refused any participation in the case, assisted the Humane Society of West Texas in Lubbock in the seizure of some 231 dogs [not the correct number] from the kennel located near Aiken on Sept. 28. He states that he and three other commissioners, Mike Anderson, Lindan Morris and Amado Morales, met in a closed meeting to discuss the matter, and while no vote was taken, they agreed they do not want to settle the case. (Since when do public officials meet in a closed meeting? This constituted a quorum of members. Unless it is an Executive Session, it must be a public meeting.) The county judge, Penny Golightly, and the county attorney, Lex Herrington, want to settle out of court. Could it be that these two see the potential costs to the county considering the illegal seizure process, lack of evidence and the lack of due process?"

The dogs of a quality breeding kennel are livestock. They are the means of revenue to maintain the kennel operation. The same as the sale of the cattle provides the income to secure the finances of a ranch. When someone steals cattle from a ranch it is called "cattle rustling". When someone steals dogs from a kennel it is called a "seizure". Since when can a county sheriff sanction cattle rustling? Since when can a justice of the peace sign off on a plan to rustle livestock from their rightful owners? In this case without any personal knowledge of the animals involved? How can this happen? If I understand the law correctly, it is against the law to come on to private property and steal livestock. In the old west the punishment for cattle rustling was "hanging". In the present day I guess stealing livestock, is a media opportunity.

I am sure that the Smith's feel that their true friends know them and will remain loyal to them, and that they understand that the negative comments come from rumors and people who do not have the correct facts regarding the case. It is being reported daily of the deaths of their beloved dogs as a result of the stress of this unlawful seizure. Does it seem that whoever targeted them has the intention to destroy them emotionally, financially, professionally, and more importantly, the lives of the dogs? All instituted by the Humane Society of West Texas, assisted by the Floyd County Sheriff's Office-apparently operating above the law! It is my hope that justice will be done, and the people involved in this rustling of their animals will pay for this injustice, their hands marked by the blood and death of these beautiful dogs.

There are some things we must all keep in mind about this case: The Humane Society of West Texas was created under the umbrella organization of "The Alliance to Sterilize Any Pet (ASAP)". Keep in mind the HSUS Wayne Pacelle quote of "I don't care to see another dog or cat born." Would this have contributed to the true motive behind this seizure?

While there are some pictures on the internet that do look questionable, there are more pictures that show nice healthy dogs, and this was commented on by Ms. Avery of the Humane society of West Texas. Comments have been made in regards to mange, and I would have to question as to whether this was a result of allergies, possibly the conditions West Texas was suffering through the long summer of excessive heat, drought and wildfires. Was the dog under veterinary care? Other conditions would have to be questioned as to whether there was a long needed recent rain. There are always circumstances which do not have immediately available answers. Why were the Smith's not given the time to address any issues that were alleged? Why were all of the dogs in the kennels seized rather than just the ones that there were issues in question?

We will be following this case, in hopes of obtaining the answers to a lot of these questions. Obviously neither side on this case can comment, as it is an ongoing case that will go to jury trial. It is unfair and unjust for anyone to make any judgments at this time.

Written and Researched by Debi R***

Update:

For an update on this story, please go to the Home page and click on "Alpha Tex Kennels Update."