A judge dismissed charges of aggravated animal cruelty against Larry Wheelon Thursday afternoon after a mistake with a prosecution witness. Wheelon’s barn had been raided on April 25, 2013. A breakdown in communication with federal agents led to the dismissal of the case. The witness was U.S. Department of Agriculture veterinary medical officer Dr. Bart Sutherland, He was the person who had performed the testing and palpitated on the day of the raid. His testimony wasn’t heard because he sat in the courtroom for 30 minutes while others were testifying. Judge, Headrick did the daily swearing-in at the beginning of the hearing at 2 p.m. and invoked the rule that called for witnesses to wait outside and not hear other testimony in the case. Sutherland was traveling and when he arrived at the Justice Center, Sutherland said a special agent with the U.S. Department of Agriculture, Karen Wilcox, indicated for him to enter the courtroom. Karen Wilcox was Special Agent Julie McMillan, who did the undercover investigation and conducted the search warrant at the stables. White immediately objected and Headrick ruled the veterinarian could not testify since he had been in the court room. Ellen Berez, the District Attorney for Blount County, was unable to get the test results on the horse She’s A Sweeper, the horse Wheelon was charged on from being admitted into evidence. Headrick ruled the prosecution had failed to prove there was probable cause to send the case to the grand jury. Jack Heffington, represented the owners, and asked that the horses be returned and the judged granted the request. Their release is being worked out with the Humane Society of the United States officials, the group paying for the boarding and care of the animals.