Oct 25, 2009 10:10 pm US/Central
Judge Orders Animals Returned To Sunnyvale Farm
Arezow Doost
SUNNYVALE (CBS 11 / TXA 21) ―
A North Texas judge has ordered the SPCA of Texas to return more than two hundred animals.
The animals were seized from the Kearney feed store and farm in Sunnyvale earlier this month after their owners were accused of neglect and cruelty.
The animals will be returned starting Monday.
"It's been real depressing," says Earnest Kearney owner of the feed store and farm "I'm anxious for them to come home."
The 76-year-old watched the SPCA haul away his animals. Nearly 400 horses, cows and birds were taken along with other animals.
"I never been in a jail in my life," says Kearney.
Kearney was arrested and accused of cruelty to animals including not having food or water for some of the animals.
He sat through two court hearings fighting to get his livestock back.
Also in the custody hearing dozens of supporters who crowded the courthouse and were ready to testify. "We've never been known to abuse I just didn't know any abuse they were a little crowded a time or two," explains Kearney.
A judge on Friday said the SPCA didn't have enough evidence and this wasn't a slam dunk case for them. The judge ordered most of the animals be returned except for the chickens and birds.
The SPCA says they are keeping those animals because the judge believes they were cruelly treated. "Mr. Kearney has always helped everybody he has never turned anyone down," says Frankie Broumley.
Broumley is one of the supporters who says he's known the family for years and abuse is not what they are known for.
The Kearney's say they nursed unhealthy animals and sold them.
The SPCA insists they got complaints about the conditions and even warned the family several times over the years.
"A farm is not going to be completely spotless anytime you go if you got animals it's there they seem to think we had too many animals but we were handling it," says Kearney.
As the family waits for their animals, they are grateful for the support through all of this. "You really know who your friends are," says Kearney.
A SPCA spokesperson says they worked on the case for more than 4 years.
They still believe the family doesn't have the staff or enough room for all the animals and hope they limit the number of animals they keep around now.
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