PHOENIX — Tuesday in Maricopa County Justice Court, Benjamin Alvarez, the man whom MCSO accused of neglecting more than 50 animals at his Rio Verde property in August, scored a big win as a judge granted Alvarez all of his animals back.
A full day of testimony from investigators, animal advocates, a veterinarian, and Alvarez himself resulted in the judge determining that MCSO had not met the burden to show that the animals were cruelly mistreated or neglected.
Detectives showed video of them walking the property, finding no water available for the horses, zebras, camels, goats, and birds on site. A detective testified to checking the property for available water sources and finding none.
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Alvarez, who said he’d kept animals on the property since the late 1990s, testified he had provided water to the animals both the night before and the morning of MCSO’s search, but said a leak from a water container resulted in MCSO believing there was insufficient water on site.
Alvarez testified that he had not lived on the property with the animals since 2002, but visited the site at least twice a day and had other people who also visit the site regularly to feed, water and check on the animals.
Witnesses who saw the animals testified they looked healthy.
Alvarez’s defense attorney, Melissa Baugh, argued that MCSO’s initial entry onto Alcarez’s property without a warrant was unlawful, but the judge found exigent circumstances did exist for an MCSO deputy to make entry to check on the well-being of the animals before Animal Crimes Detectives obtained warrants to search the property and seize the animals.
After the judge ruled to return all of his animals to his custody, Alvarez told ABC15 he was thrilled to get the animals back and finally get to share his side of the story.
“There are two sides to the story and they never heard my story until now and the judge has decided to have them give back my animals and that makes me very happy,” Alvarez said. "People don’t understand that I also rescue animals. I mean I love animals more than anything.”
