The Maricopa County Attorney’s Office is dropping animal cruelty charges against all four defendants charged with the deaths of more than 20 dogs at the Green Acre Dog Boarding facility. 

The Maricopa County Attorney’s office dismissed the charges because problems with the air conditioning weren’t presented to the grand jury. Kennel owners said the dogs died from the heat as a result of the malfunctioning unit, but a veterinarian who performed a postmortem examination of the animals disputed that claim.

The Grand Jury charged four people with felonies and misdemeanors of animal cruelty. Kennel owners, Jesse and Malesia Hughes, are still facing one count of fraud. The couple’s daughter and son-in-law Logan and Austin Flake were watching the dogs while the owners were out of town.

Maricopa County Attorney Bill Montgomery said he will review evidence with investigators before deciding whether to refile charges.