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State Attorney's Office Drops Charge Against Pet Resort In Dog's Hot Van Death: Report

The office found the evidence didn't support proceeding with the criminal charge, ABC 7 reported.

WHEELING, IL — The animal cruelty charge against the owner of a Wheeling pet resort where a dog was found dead in a hot van earlier this month was dropped Friday by the Cook County State's Attorney's office, ABC 7 reported.

The six-year-old dog, Miller, a 110-pound black Lab, was found dead after being taken to Waggles Pet Resort, and the resort's owner, Ross Niehaus, was charged in the case, police previously said.

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In a statement, the state's attorney's office told ABC: "We recognize the tremendous pain of losing a beloved family pet, particularly under such tragic circumstances. Prosecutors must evaluate cases based on the evidence and whether it supports each element required to prove a criminal offense. In this case, the evidence did not demonstrate that the charged individual knowingly engaged in conduct that would make him criminally responsible for the dog's death. While the outcome was tragic, the evidence does not support proceeding with the criminal charge, and today the misdemeanor case was dismissed."

Steve Serota, a Deerfield resident who is Miller's owner, told ABC that the possibility of the charge being dismissed has compounded the loss for his family, saying, "It's like, so he really didn't matter? Clearly, the system and folks weren't going to be there to protect a member of my family.

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