The Roanoke Times | File November

Boston terriers are transferred to another cage at Angels of Assisi in Roanoke. Authorities seized 63 dogs from a breeder last month.

A judge Tuesday afternoon dismissed a civil case against a Hillsville kennel owner and former animal control officer whose 63 dogs were seized last month from what state police deemed were "deplorable" conditions.

It was unclear Tuesday whether the dogs -- now housed in Roanoke -- will be immediately returned to the owner, David Winesett, who was once the chief dog warden in Carroll County.

Carroll County Commonwealth's Attorney Gregory Goad said it is yet to be determined whether Winesett will face criminal charges.

Winesett, who had denied any wrongdoing and has said he wants his dogs back, did not return phone messages left for him Tuesday.

Judge Thomas Frith tossed out the civil case against Winesett on a technicality because it was not held within 10 business days of the dogs' seizure, according to Carroll County General District Court Clerk Donna Webb.

With last week's holiday-related government closings in Carroll County, the 10th business day after the seizure of the dogs fell on Monday -- but in Carroll County, civil cases in General District Court, such as the one involving Winesett, are heard only on Tuesdays, Webb said.

The purpose of Tuesday's state-requested hearing was to determine ownership and placement of the Yorkshire terriers, dachshunds, poodles, Boston terriers and schnauzers, which have been held at the Angels of Assisi shelter in Roanoke since Nov. 15.

"We don't know what is happening," shelter volunteer Lisa O'Neill said Tuesday afternoon.

Sgt. Michael Conroy, a spokesman for the Virginia State Police, declined to comment on the immediate fate of the dogs and referred calls to the state attorney general's office. A spokesperson for the attorney general could not be reached for comment Tuesday.

"If they [the dogs] do get released to us, we can continue medical care and put them up for adoption," O'Neill said.

When the dogs arrived at the Roanoke shelter, they were treated for damaged nails, decayed teeth, infected ears and paws and other injuries -- the likely result of living in cramped and dirty quarters.

It would be "heartbreaking" if the animals are returned to Winesett, O'Neill said.

Last year more than 1,000 dogs were seized from another Carroll County breeding operation, Horton's Pups.

The owner, Lanzie Carroll Horton Jr., was convicted of 14 animal cruelty charges, 25 animal neglect charges for failing to offer adequate care, and one charge of failing to obtain a license for the number of pets he was housing.