Prosecutor Will Seek Jail For Toms River Man Whose Dog Drowned In Frozen River

The Toms River man whose dog drowned when his pickup truck broke through the ice of the frozen Toms River in March could face jail time, according to the Ocean County Prosecutor’s Office.

Andrew L. Mayer, 28, was arraigned Monday morning before Superior Court Judge James M. Blaney on charges of third-degree animal cruelty 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 was indicted June 30 on those charges in the March 1 incident that sparked a massive emergency response, including a several-hours search by a Coast Guard helicopter and resulted in the death of Rolo, his boxer mix.

Mayer, as he had March 9 when he first appeared in Toms River Municipal Court on the charges, told Blaney he wishes to go pro se -- meaning he will represent himself in the court case. Just as Municipal Court Judge Damian G. Murray had, Blaney advised Mayer to consider applying for a public defender or hiring an attorney, Della Fave said.

But Mayer insisted he does not want to get an attorney, Della Fave said. Blaney adjourned the case to Dec. 7 to afford Mayer the ability to review his discovery and reconsider getting an attorney, he said.

The Ocean County Prosecutor’s Office provided initial discovery and a plea recommendation, making it clear to Mayer that the prosecutor’s office will seek a jail sentence, Della Fave said.

The prosecutor’s office alleges Mayer purposely, knowingly or recklessly failed to provide necessary care for and protection of his dog 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.

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.

Third-degree crimes carry a maximum sentence of five years in jail, Della Fave said.

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Mayer is accused of driving his pickup truck onto the frozen Toms River shortly after midnight on March 1. A caller told police of seeing headlights on the river, and police who arrived on the scene could see the truck doing donuts on the ice, according to past reports.

Mayer has been free on his own recognizance since March, Della Fave said.

The 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. The prosecuting attorney is Ocean County Assistant Prosecutor Heidi Tannenbaum-Newman.