Montgomery withdrew some charges against the owners and caretakers of the dogs because of questions raised by the defense during the grand jury's indictment and that the grand jury did not take into account there were problems with the air conditioning in the room.
Bill Montgomery had planned to hold a meeting with two of the owners and their attorney but that meeting was cancelled, reportedly because of the publicity surrounding the meeting.
"We're going to have to regroup but we feel he slapped my clients in the face, my clients are the victims here and he is treating them horrible, he has a duty to bring forth these charges, he case can be proved this criminally," said Attorney John Schill.
The county attorney dismissed the case in December but does have the option to re-file the charges. There is one fraud charge against the actual owners of the facility.
Bill Montgomery's office has not released any statement on the cancellation of the meeting.
For more on the investigation, head to FOX10Phoenix.com/gilbert23
People starting to gather for rally at County Attorneys office for the Gilbert 23 dogs who died. pic.twitter.com/ECIrAe0y5W— Robert Hernandez (@rhernandezfox10) January 9, 2015