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AURORA, Colo. -- A family called the FOX31 Problem Solvers for help after Aurora Animal Control took their dog and refused give him back, claiming the dog is a wolf-hybrid.

UPDATE: See the update from Wednesday's court hearing here

The Abbato family has had Capone for nearly 10 years. They rescued him from the Adams County Animal Shelter where he was classified as a German shepherd mix.

The family's veterinarian also says the same thing. But Aurora Animal Control thinks Capone is a wolf-hybrid.

"It's been real painful," 11-year-old Ciara Abbato said.

"Our German shepherd, Capone, got out Feb. 24. He jumped the fence. It’s the first time in the seven years we’ve lived here," said Capone’s owner, Tracy Abbato.

Aurora Animal Control picked up Capone that day, but turned away his family when they tried taking him home.

"They say he is a hybrid-wolf now and don't want to release (him) back to us because he is an exotic animal,” Abbato said.

The city ran a DNA test to determine his breed on Mar. 1 and if the results prove he's a wolf-hybrid, the family dog could be put down.

Animal control said based on Capone's mannerisms, behavior and physical characteristics, they suspect he is part wolf.

"I am 100 percent confident he is not a wolf, not a doubt in my mind," Abbato said.

But while they await the test results, Capone sits in the Aurora Animal Shelter, away from his family and his two buddies who've grown up together from puppies.

"It's hard for me. It's hard for my kids. He's a family member. We've had him for almost 10 years. We miss him," Abbato said.

"I hope they let us keep him because he's really special to me," Ciara said.

If the test shows he is a wolf-hybrid, Capone could be shipped off to a wolf sanctuary or euthanized if there isn't room for him.

And the shelter said it cannot adopt Capone out because most cities and counties have rules similar to Aurora's that ban hybrids.

"I don't understand. This dog has a loving, caring home. People who abuse dogs, leave them outside in 2-degree weather, how do they still have their dogs?" Abbato asked.

The family has hired a lawyer and on Wednesday, they'll go to court to ask a judge if Capone can come home while they wait for that DNA test.

Abbato faces violations of animal running at large, keeping an aggressive animal and keeping an exotic/wild animal.