Toms River Man Indicted In Truck Sinking That Killed His Dog

The Toms River man whose dog died when his pickup truck broke through the ice on the frozen Toms River and sank has been indicted in the case, the Ocean County Prosecutor’s Office has announced.

Andrew L. Mayer, 28, of Toms River was indicted Tuesday on two counts of third-degree animal cruelty in the death of his dog, Rolo, and third-degree criminal mischief for causing a substantial interruption in public emergency services, said Al Della Fave, spokesman for the prosecutor’s office.

“Mayer’s acts on March 1, 2015, purposely, knowingly or recklessly failed to provide necessary care for and protection of his dog, Rolo, from harm by driving his pickup truck onto the frozen Toms River and as a result the vehicle cracked through the ice and his dog died,” Della Fave said in a news release.

Mayer then failed to notify authorities of this incident when he got safely to shore, resulting in a huge rescue operation that took place for hours involving the United States Coast Guard’s Aviation Unit, The New Jersey State Police Aviation Unit, NJ State Police/local marine units, multiple local police departments, fire companies and First Aid squads from Toms River, Beachwood, Pine Beach and Island Heights.

Mayer has been released on his own recognizance to appear in court on a future date. The maximum he could face on each charge would be five years in New Jersey State Prison.

The reports of Mayer’s actions and the death of Rolo, a boxer mix, infuriated animal lovers, who flooded forums and articles with comments demanding criminal charges for Mayer.

Mayer was charged March 6 with criminal mischief in the incident, but wasn’t charged in Rolo’s death until March 9, when the river thawed enough to allow authorities to retrieve Mayer’s pickup truck and Rolo’s body. He was arraigned in Toms River Municipal Court and told Judge Damian G. Murray he planned at that time to represent himself in court.

Under New Jersey’s animal cruelty statute, 4:22-17, it is a crime to leave an animal ”unattended in a vehicle under inhumane conditions adverse to the health or welfare of the living animal or creature.” Under Patrick’s Law, named for the pit bull that was nearly starved to death and then thrown down a garbage chute by his owner, animal cruelty is upgraded a third-degree crime if the animal dies as a result.

Mayer’s pickup truck broke through the ice about 100 yards off Windy Cove in Pine Beach shortly after midnight on March 1. A caller told police of seeing lights on the ice near Gladney Avenue in Island Heights, and police arrived shortly thereafter and saw the pickup truck’s headlights and taillights, and saw the truck doing donuts on the ice. When the truck’s lights disappeared, police callled in a search-and-rescue effort that included a U.S. Coast Guard helicopter and members of the New Jersey State Police marine unit.

The pickup was finally located at 10:20 a.m. Sunday, and while divers were searching for people who may have been trapped, they discovered Rolo’s body. About the same time Mayer and and a friend, who police say had been in the pickup but got out before Mayer drove on to the ice, turned themselves in to Toms River police.

Relatives said Mayer tried to rescue Rolo, saying the dog followed him to the truck and then was too scared to follow Mayer’s commands to come out of it when the truck broke through the ice.

This case was a joint investigation by the NJ State Police, NJ SPCA, Ocean County Prosecutor’s Office, as well as the Toms River, Pine Beach, Beachwood and Island Heights Police Departments.