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Dangerous dog hearing adjourned

SCHENECTADY -- The owner of two dogs involved in a vicious attack has until Thursday morning to turn them over to the city of Schenectady or he'll find himself in jail.

That was the decision handed down by the judge Wednesday afternoon.

In return, the visiting judge from Niskayuna agreed to adjourn the McKearn hearing until next Wednesday. The judge has a past with the family, he presided over another case involving the same dogs.

On Wednesday, owner, Sean McKearn told the judge he still has no clue where his pets are.

"My sister has the dogs, I don't know where they are," says McKearn . "She wants to keep these animals alive and that's all she wants to do."

Sean McKearn tells CBS6 his sister, Lindsay took the dogs from Milton Manor where they were supposed to be boarded until the hearing. It was a move that created a lot of tension in court.

"It's important the community knows these dogs are being held, if that happens tomorrow, and they're turned in then that's good, but I feel like today we could of gotten that information and that's what I was advocating for us to get,"says Carl Falotico, Assistant Corporation Council.

Back in June Sean McKearn's french mastiff, Tyson, and staffordshire terrier, Victor, attacked a terrier mix named Templeton. Templeton died a few days later.

"I wish I could go back in time and fix all of this stuff," says McKearn. "I wish that none of this happened. I wish the dog never passed away, and I wish the other dogs prior to that were never bit."

The dogs have been deemed dangerous before in Niskayuna by the same judge McKearn faced Wednesday, but McKearn tells CBS6 that ruling came too soon.

"Technically they shouldn't of been deemed dangerous because you can't deem a dog dangerous after one attack," says McKearn."Their both gentle giants, they never bit a person, they've never come close to attacking anybody before."

According to the judge, if the dogs are not at McKearn's house on Dean Street by 9 a.m. Thursday, McKearn will go to jail.

"My hope, my dream would be that the dogs would be able to be evaluated like they should of been from the beginning to prove that they're not dangerous," adds McKearn. "I think they're good dogs, they just don't get along with animals."

McKearn will be back in court Wednesday, August 13th at 1:30 p.m.
 
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