Cops: Man Won't Be Charged In Pickup Truck Sinking In Toms River, Killing Dog

(State Police investigators look down at a hole in the ice where a pickup truck broke through on Sunday. Credit: Karen Wall)

New Jersey State Police say the investigation is ongoing in Sunday’s incident where a Toms River man’s pickup truck broke through the ice on the Toms River and sank, killing the dog in the process. But the Toms River man who was a passenger in the truck won’t be charged.

Daniel Jolly, 25, of Toms River, walked into police headquarters and reported the incident, Sgt. Gregory Williams of the State Police said. Williams said because Jolly got out of the truck before it was driven onto the ice, and because he voluntarily went to police to report it, he is not facing any criminal charges.

The driver, Andrew Mayer, 27, of Toms River, has not been cleared yet, however. Capt. Stephen Jones of the New Jersey State Police said no charges have been filed yet, but the investigation is continuing.

Any charges potentially could include animal cruelty in the death of the dog, a boxer whose body was found by divers in the submerged truck. Jones said state police are working with Capt. Rick Yocum of the New Jersey Society for the Prevention of Cruelty to Animals “to see if there is anything appropriate” to charge in the dog’s death.

The pickup truck broke through the ice off Pine Beach in the early hours of Sunday morning and sank in an area that is roughly 6 feet deep, according to boaters’ navigational charts published online by NOAA. The charts show the river is 4 to 6 feet deep through much of the area between Island Heights and Pine Beach.

Ice thick enough for people to skate on and walk on has formed on some portions of the Toms River during the stretch of frigid weather that kept temperatures well below freezing. But because there is a current flowing, the middle of the river has not frozen completely. Jones said the pickup truck will remain in the water until the ice thaws. At that time a private vendor likely will be used to recover the truck, he said.

As for where the truck got onto the river, Jones said state police have information and the scene has been investigated but he could not release details at this time.

Yocum of the NJ SPCA posted on the organization’s Facebook page Sunday that he had been notified about the dog’s death and had joined the investigation.