TUCSON, Ariz. (KVOA) – It’s been nearly nine months since one of the Humane Society of Southern Arizona’s darkest days, when it transported more than 300 small pets to a known reptile breeder, Colten Jones, in Apache Junction.
The incident gained international attention and caused the organization to fire its CEO Steve Farley and accept the resignation of COO Christian Gonzales.
The News 4 Tucson Investigators uncovered evidence that suggests the pets were likely used as reptile food. We obtained a text message from another reptile breeder in the Phoenix area sent from Jones that asked him if he had room to freeze off rabbits and Guinea Pigs because he had too many to handle.
The message was sent the day after Jones received the shipment of pets from HSSA.
The incident caused Robert Garcia, Chairman of the Board for HSSA, to file a report with the Tucson Police Department.
Also in November, several animal advocates reported the situation to the Apache Junction Police Department, where the drop off happened.
The News 4 Tucson Investigators have learned both criminal investigations have been closed without any charges filed.
In December we received a police report from the Tucson Police Department which was almost completely blacked out with redactions.
The News 4 Tucson Investigators spent months trying to get the unredacted report, this week the department sent it to us.
The unredacted report shows that TPD was investigating Colten Jones, his brother Trevor and Christian Gonzales for animal abuse and fraud.
According to the report, officers received evidence from HSSA leadership but there was no indication they attempted to interview the suspects or tried to obtain their own evidence.
It was noted that they presented the case to the County Attorney’s Office but they declined to prosecute the case because of a lack of evidence.
“It looked like a hot potato they wanted to get out of their hands as soon as possible,” said animal advocate Dr. Kelly Paolisso.
“It’s a massive failure and there’s ample evidence of animal abuse and fraud,” said animal advocate Candace Charvoz Frank.
In the Apache Junction case, a police officer was able to make contact with Colten Jones’ girlfriend who allowed him to do a welfare check inside of the now abandoned office space where the drop off occurred.
According to the report, the officer found several geckos and lizards inside with proper food and water and did not find any small pets or signs of animal abuse. It’s worth noting this inspection was months after the pet transfer.
When Jones found out the officer was peeking around inside he told him on the phone to stop unlawfully entering his property and to obtain a search warrant.
Jones did not have a license to operate such a business so the city issued a code violation but no criminal charges were filed.
After learning both police departments found insufficient evidence, HSSA posted the following update:
“For the past several months, the Humane Society of Southern Arizona has been in contact with the Tucson Police Department on whether criminal charges would be brought against the parties involved with the small animal transfer that occurred on Aug. 7, 2023. At the same time, HSSA has followed the investigation into allegations against Colten Jones taking place in Apache Junction.
Law enforcement representatives from both jurisdictions advised that there is insufficient evidence to bring criminal charges, and both police agencies have closed their investigation into the matter. Because only law enforcement has the authority to bring criminal charges, HSSA must, regrettably, accept the findings of the authorities. HSSA is grateful for the time and attention dedicated to this matter by law enforcement officials.
The gravity of the sadness the HSSA community continues to feel over the presumed loss of the small animals continues to be overwhelming. HSSA, however, has put in place policies and procedures that ensure this unprecedented event—or anything like it—cannot happen again. Among these actions:
- Updating all records of our partner animal welfare nonprofit organizations;
- Entering a Memorandum of Understanding with respect to every transfer, making clear HSSA’s life-saving expectations and outcomes for any animals transferred into or out of HSSA; and
- Requiring a site visit to ensure facilities and resources necessary for the appropriate care of any transferred animals.
With an eye toward the future, we are pleased to announce a new CEO with extensive animal welfare and nonprofit experience. Under Dr. Barney’s leadership, we will further strengthen our focus to always ensure animals in HSSA’s care are never put at risk again and receive the best care possible while entrusted to us.
The Humane Society of Southern Arizona is a pillar of the Tucson community, which it has served for 80 years, providing lifesaving services for hundreds of thousands of animals with compassion and commitment. HSSA cannot change the mistakes of the past but is committed to ensure they are not repeated. HSSA hopes to continue serving the Tucson community for at least another 80 years and looks forward to helping future adopters meet their new best friend.”
The San Diego Humane Society in March posted what it describes as its final update on the situation:
“After months of investigation and consultations with our legal team, San Diego Humane Society would like to provide a final update on the transport of 323 small pets to the Humane Society of Southern Arizona (HSSA) on Aug. 7, 2023.
The circumstances surrounding this transport remain unprecedented in animal welfare, and we are saddened to still have unanswered questions related to the final outcome of the missing animals. This is heartbreaking for everyone at San Diego Humane Society, and for so many people who share our passion for animals.
As previously shared, San Diego Humane Society hired a private investigator with the goal of finding further definitive evidence as to our animals’ outcomes—evidence that would inform our decision making as we pursue justice and accountability. While the circumstantial evidence is strong and disturbing, this investigation did not yield definitive proof of the animals’ outcomes.
San Diego Humane Society has followed the efforts of both the Tucson Police Department and Apache Junction Police Department as they have considered the possibility of filing criminal charges. Unfortunately, both entities have declined to move forward with a criminal case due to a lack of evidence. San Diego Humane Society does not have jurisdiction to conduct a criminal investigation and can only pursue civil claims independently. The filing of criminal charges is at the sole discretion of these police districts.
We have worked extensively with our legal team to review the legal options that are available and conferred with the Humane Society of Southern Arizona about the possibility of a joint legal action. At this point in time, we have determined that due to a lack of definitive evidence as to the outcomes of the animals that there is not a credible legal case to pursue. Should new evidence become available, we will examine it and reevaluate our options.
We remain heartbroken by the likely outcome for these animals who were loved deeply by our staff and volunteers. We know that our team members and volunteers who cared for these individual animals continue to feel their loss.
What happened with this transport was unimaginable — nothing like it has ever happened in the history of animal welfare. And as we move forward, we will take action to ensure that nothing like it ever happens again.
First, San Diego Humane Society is establishing new protocols that will be used in any future transports of animals from our organization. These protocols include clear expectations about the outcomes for animals transported to partner organizations. This level of detail was not standard practice prior to this transport, but it will be for San Diego Humane Society moving forward.
Next, we will work to create and advocate for legislative proposals to ban the sale of small pets in California pet stores. This is essential to reducing the overpopulation of these animals in shelters and address this problem at its root.
We appreciate the concern that everyone in our community has shown for these animals and want to extend our heartfelt gratitude to all who care deeply for animals, both big and small. Thank you for your compassion for these small pets and for your gracious support throughout this challenging time.”
The News 4 Tucson Investigators asked the Pima County Attorney’s Office about its decision, they sent the following statement:
“There is not sufficient evidence available to prove a violation of Arizona criminal laws occurred within Pima County, and, therefore, there is no criminal case at the Pima County Attorney’s Office at this time.”
Many animal advocates like Paolisso tell us they have doubts about how the police investigated the case.
“[Apache Junction] I can understand why their hands are a little bit tied but Tucson I don’t think did a thorough investigation at all,” she said.
You can read the Tucson Police report here:
You can read the Apache Junction police report here:
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