Maricopa County sheriff's deputies seized 24 dogs, nine cats and a horse from a north Phoenix property this week, reopening scrutiny on a rescue operator who was convicted of animal cruelty 15 years ago. The animals were placed in quarantine because of their medical condition after being taken to the county's animal shelter, and the Maricopa County Sheriff's Office says its investigation is far from over.
According to AZ Family, MCSO served a search warrant on Nov. 3 at the property near 19th Avenue and Happy Valley Road after receiving complaints of continued animal cruelty. The property is owned by Diane Habener, who runs Tuffie's Animal Rescue, and MCSO confirmed she was listed on the warrant. The MCSO Animal Crimes Unit seized the animals and turned them over to the agency's MASH unit, which, per the Maricopa County Sheriff's Office, is where specially trained investigators take custody of animals pulled from cruelty cases.
A Familiar Name for Maricopa County Investigators
This isn't Habener's first brush with the law over animal welfare. A judge convicted her on nine counts of animal cruelty in 2011 and sentenced her to probation, the station's report notes. Authorities seized 114 animals from her property in that earlier case, and most were suffering from malnutrition and dehydration, according to the same account.
The 2011 case went through a lengthy legal process. A memorandum decision from the Arizona Court of Appeals, reproduced by Justia, states that after a fifteen-day bench trial, the trial court acquitted Habener of seven counts of animal cruelty and found her guilty of the nine remaining counts, placing her on probation for an aggregate term of six years. The appeals court affirmed both the convictions and the probation sentence.
Activist Describes Horrific Conditions, Habener Cites Miscommunication
Animal activist Samantha DiGiandomenico told the outlet she received a video from inside the property this month and described the conditions as horrific. She said Habener was not a good person and called for penalties and accountability for those responsible for the conditions she saw.
Habener declined an interview request from the station but spoke with AZ Family by phone Thursday, saying there had been “a lot of miscommunication” without elaborating further on what that meant. MCSO told the outlet it has made no arrests in the investigation, and a spokesperson said the Animal Crimes Unit still has substantial follow-up work to do.
A Pattern Across the Phoenix Area
Former Maricopa County prosecutor Josh Kolsrud said animal cruelty is a major problem in the county, particularly in the Phoenix area, but added that these cases are difficult to prosecute because animals cannot tell investigators what happened. That difficulty hasn't stopped the caseload from climbing: Maricopa County Attorney Rachel Mitchell said her office handled 34 animal-cruelty cases in 2020, 38 in 2021, and 44 by August 2022, prompting her office to hire a seasoned prosecutor and a specialized investigator, according to AZ Family's 2022 reporting.
MCSO's MASH unit has described fielding tips about abuse and neglect almost every week. Detective David Evans told KJZZ the unit had taken in 250 dogs and cats since May, including dozens of dogs rescued from what the station called horrendous conditions at a Litchfield Park puppy mill. A separate case detailed by ABC15 saw Rebekah Fox-Laverty, owner of Mavyn Dog Rescue, detained near 9th Avenue and Hatcher Road on cruelty charges for allegedly failing to provide medical care, after a concerned citizen brought a sick and emaciated dog to the Arizona Humane Society.
Arizona law addresses animal cruelty under a statute that the Arizona Legislature titles “Cruelty to animals; interference with working or service animal; release conditions; classification; definitions.” For now, the investigation into Habener's property remains open, with no arrests made and MCSO signaling there is more work ahead before the case moves further.
