A Colorado judge has ruled that the Fremont County Sheriff’s Office lacked probable cause to seize more than five dozen horses from their owner earlier this year.

In January, Sheriff’s Department personnel seized total of 63 allegedly maltreated horses from a property near Penrose, Colorado. The animal’s owner Penny Gingerich was later charged with 64 counts of misdemeanor animal cruelty. She pleaded not guilty to those charges.

While that case was pending, Gingerich’s attorney James Cook filed a motion requesting that the horses be returned to Gingerich on grounds that there was no probable cause to seize all the animals.

In a written opinion issued Feb. 21, Fremont County Judge Norm Cooling ruled that the Sheriff’s Department lacked probable cause to seize all the horses, said Sergeant Megan Richards, Fremont County Sheriff’s Office public information officer