Just After Canine's Body Found, Driver Charged In Dog's Truck Drowning In Icy Toms River

A dog owner whose pet boxer died when the man’s pickup truck broke through the ice on the Toms River has been charged in connection with the dog’s death.

The charge, issued by the New Jersey Society for Prevention of Cruelty to Animals, against Andrew Mayer, 27, was announced by Toms River Municipal Court Judge Damian G. Murray during Mayer’s arraignment Monday afternoon.

A call to the NJ SPCA seeking further information was not immediately returned. The NJ SPCA has the legal authority to enforce animal cruelty laws.

Mayer was a few minutes late arriving for his arraignment because, according to Murray, he was with the SPCA and other officials as his pickup truck, with the body of Rolo, his boxer, was removed from the Toms River Monday morning.

Mayer was charged last Tuesday with criminal mischief for causing a substantial interruption of public services, a third-degree criminal offense, by state police. He also has been charged with reckless driving and pollution, state police said.

Murray did not announce the specifics of the SPCA charge in court, but did say it is a third-degree indictable criminal offense, a point he stressed when Mayer told the judge he will be representing himself in court.

“You are facing two third-degree indictable charges. Do you understand the seriousness of the penalties you could be facing?” Murray asked. Mayer asked for an explanation of the possible penalties, which Murray said include fines and a possible jail sentence of up to 18 months. Murray said Mayer also faces fines of up to $2,500 from the state Department of Environmental Protection on the pollution charge, and the reckless driving charge would carry a fine and 5 points on his license.

“I certainly would not recommend it,” Murray said of Mayer representing himself, but Mayer said told the judge that is what he still plans to do.

The SPCA charge against Mayer appears to be animal cruelty.

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, who arrived late to court because, according to Murray, he was with the SPCA and other authorities while his pickup was being removed from the Toms River Monday morning, said little.

Walking out of court, he refused to answer reporters’ questions, saying at one point, “I don’t want my words twisted,” before getting into a car with a man and a woman who accompanied him to court.

The pickup truck’s retrieval occurred early Monday morning. The Ocean County Sheriff’s Office posted photos of the retrieval by TowBoat US, which assists boaters whose vessels develop trouble on the water or when they sink. Divers can be seen in the photo, which shows air bags surrounding the truck, which was brought to a waiting flatbed for removal.

State police had said the pickup truck -- and Rolo’s body -- would be removed from the river where it sank, about 100 yards off the shore of Pine Beach, as soon as the ice thawed enough to make a recovery. Sunday’s 50-degree temperatures cleared the ice, allowing the retrieval to take place.

Related stories:

• Toms River Driver Faces Arraignment In Pickup Sinking In River
• Toms River Pickup Driver Had Repeated Reckless, Careless Driving Citations, But No DWI
• Fundraiser For Dog’s Owner, Man Who Drove Into Icy Toms River Halted
• Dog Owner’s Friend Asks For Money To Retrieve Pickup, Pet’s Body From Icy Toms River
• Toms River Man Charged In Pickup Falling Through Ice, Killing Dog
• Seaside Heights Cop Rips ‘Animal Loving Freaks’ Angry Over Dog’s Death In Icy Toms River
• Cousin: Toms River Pickup Truck Driver Who Fell Through Ice Tried To Rescue Dog
• Poll: Should Toms River Truck Driver Who Fell Through Ice, Killing Dog, Be Criminally Charged?
• UPDATE: Two Men Identified After Pickup Truck Falls Through Toms River Ice; Dog Dies
• Cops: Man Won’t Be Charged In Pickup Truck Sinking In Toms River, Killing Dog

(Photos by the Ocean County Sheriff’s Office show the pickup truck of Andrew Mayer as it is brought to shore in Pine Beach Monday morning. Andrew Mayer listens as Judge Damian Murray explains the charges against him. Outside court, he departs with a man and woman who accompanied him. Court photos: Karen Wall)