Photos by Sam Dean | The Roanoke Times

"Number 23" peeks out from within a sheltered cage at Angels of Assisi in Roanoke. Many of the 63 dogs seized from the Hillsville kennel continue to receive medical care more than three weeks after arriving at the shelter.

Lisa O'Neill of Angels of Assisi in Roanoke holds "number 21," a dog she calls Chompers. Seized from a Hillsville kennel last month, Chompers and 62 other dogs are under state care until their ownership is determined in Carroll County Circuit Court.

The dogs are staying and their sweaters are back on -- for now -- as what amounts to a custody battle over the animals continues between the state and a man who used to be chief dog warden in Carroll County.

Angels of Assisi volunteer coordinator Lisa O'Neill learned Wednesday morning the Roanoke shelter, which is working with the state veterinarian's office, will continue to care for the 63 dogs seized in November from a Hillsville kennel until an appeal is heard in Carroll County Circuit Court.

"After last week's dismissal they [officials from the state veterinarian's office] told us to take off the sweaters so the dogs could get used to going back to their element," O'Neill said.

A general district court judge dismissed a civil case last week against kennel owner David Winesett, the former animal control officer, on a technicality: The hearing, which would have determined ownership and placement of the dogs, was not heard within 10 business days of the seizure.

Last week it appeared Winesett's dogs would have to be returned to his custody unless an appeal or criminal charges were filed. Reports of discussions between Winesett's lawyer and the state's bred eight days of uncertainty and emotion for O'Neill, she said. And even though the state had reported that the dogs were to be returned to Winesett pending an appeal, the actual transfer did not occur.

"We didn't know when, where or how they were leaving," she said. "We were waiting, listening and praying. Every day that went by, we thought, 'They have got one more day here.' "

An announcement of the appeal came Wednesday morning: "On behalf of the Virginia Department of State Police, we have filed a notice of appeal. ... By agreement of counsel, the dogs will remain in the custody of the commonwealth pending this appeal to the Circuit Court," said Tucker Martin, director of communications for the attorney general.

The Yorkshire terriers, dachshunds, poodles, Boston terriers and schnauzers were seized from what state police called "deplorable" conditions. When the dogs arrived in Roanoke, 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, according to those involved in the case.

O'Neill has become particularly fond of one of the dogs, now known as "number 21," a toy poodle she calls Chompers. He arrived at Angels of Assisi with severe dental problems and has since had half of his teeth extracted.

"Before he wouldn't even look at you, now he is coming around a lot," O'Neill said.

About 10 of the dogs seized are puppies. The rest, like Chompers, are older dogs that had been bred, perhaps excessively.

As O'Neill held Chompers, clad in a red-striped sweater, he exhaled a sigh of contentment. It would be great for an elderly lady to adopt him so the little dog could be just what he was meant to -- a lap dog, she said.

Many of the dogs continue to receive medical care more than three weeks after arriving at the shelter. The state veterinarian and state police are tracking the dogs' veterinary expenses but state police spokesman Sgt. Michael Conroy declined to release the costs so far, citing an ongoing investigation.

Winesett has said he did nothing improper and wants his dogs back. He had not returned several phone messages over the past week.

Gregory Goad, the county's commonwealth's attorney, said Wednesday he will wait to see how the appeal proceeds in the civil case before deciding if he will pursue criminal charges against Winesett.

Conroy said the civil appeal likely will be heard sometime next week.

Meanwhile the situation has drawn attention to Angels of Assisi and adoptions have increased as a result in recent weeks, volunteers there said.

"Our message is: Make sure you know where your dogs are coming from. There are thousands in this area being put to sleep, so please consider adoption first," O'Neill said.