Texas: One of two pit bulls accused of mauling and killing seven Chihuahuas is returned to its owner

TEXAS -- "It's a tragedy. You know you lose; for families that have pets, that's a member of the family,” State Rep. Joe Moody said.

One of the two pit bulls suspected of killing seven Chihuahuas is back in their neighborhood.

Moody knows this can be tough for everyone.

"That's a tragedy for a family to go through that and to not have an answer or a resolution, I can understand how frustrating that can be,” Moody said.

The on-scene report from of El Paso County sheriff's deputies says they didn't have probable cause to remove the two pit bulls. From outside a chain-linked fence, the dogs show no signs of being in a fight.

It also states the owners didn't violate two state codes relating to animal cruelty or dog attacking another dog.

According to the El Paso County Sheriff’s Office, “This is not considered animal cruelty under section 42.09 of the penal code; Cruelty to livestock animals. The closest subsection within that statute discusses causing one animal to fight with another animal but the owner in this case did not do that.

There is another section in the health and safety code (822.013) Dogs or coyotes that attack animals. This would not apply either because the attack has to be witnessed by somebody or the dog that killed the other dog has to be discovered on the person’s property whose animal was just killed for authorities to be able to impound the animal.”

Moody says this situation may not change the current laws all that much.

"We need to may look at the resources affording to the county to conduct these investigations. I know that they've hired on more people to do that type of work,” Moody said. “But that maybe more of the work we need to do rather than the legislative side."

People in the Canutillo neighborhood tell KFOX14 they are afraid one of the pit bulls are back.

KFOX14 also spoke with a pit bull owner, who wanted his identity hidden, from the same Canutillo neighborhood. He also trains the breed for dog show competitions.

He tells us the situation was avoidable.

"If they're really worried about the problem, do something about it before it even happens,” the pit bull owner said. ”If you see that little dog walking around, tell its owner, ''Hey man, your little dog is outside.' If you see the big guy with the big dogs or something, 'close your gate, bro., make sure it's closed.'"

El Paso County Sheriff’s Office says the pit bulls were voluntarily surrendered to deputies and Animal Control. Animal Control was going to issue citations because the dogs’ owners couldn't provide current vaccination forms.

The pit bulls were later transferred to El Paso Animal Services. One of the pit bulls was reclaimed due to disabilities. Animal Services tells KFOX14 the owner did have the option of picking up both of the dogs.

The remaining pit bull remains in an isolated holding area.

The other pit bull owner says the Chihuahuas’ and the pit bulls’ owners are to blame.

"Everyone needs to keep their dogs under control at all times,” the other owner said. “It doesn't matter what the breed is. Any dog can bite. Any dog can carry rabies. It can carry anything you know."

"You can't ever eradicate these types of tragedies unfortunately,” Moody said. ”But we can do our best to make sure the structure we put in place works."

(KFOXTV - Aug 25, 2016)