The death of nine dogs traveling in an overheated box truck last year has resulted in criminal charges.
Indiana State Police say F.M. K9 was taking 18 dogs from O'Hare Airport to Berrien Center, Michigan on July 27, 2023. Almost two hours into the trip, the driver reportedly stopped at a Lake Station gas station and discovered the dogs were suffering from heat-related illnesses. Three dogs died at the scene and another six were euthanized.
Now, the driver, Jessee Urbaszewski, 44, and the owner of F.M. K9, Michael McHenry, 55, both of Michigan City, are being charged with 18 misdemeanor counts of neglect of a vertebrate animal.
The charges follow a year-long investigation by Indiana State Police. Public Information Officer Glen Fifield says the truck had no ventilation and no temperature monitor the driver could see in the cab.
"There was a blatant disregard to standard safety practices, which made this incident preventable," Fifield said during a press conference announcing the charges Tuesday.
At the time, it was widely assumed that an air conditioning unit failed, but now, police say the cargo area didn't have a built-in air conditioning system. Instead, police say it was equipped with an IcyBreeze device. Detective Chris Eagles said it couldn't cool that big a truck with that many dogs.
"Although it's good for spot cooling, it's not made for something to this size and degree," Eagles said.
Police said they tested an IcyBreeze in the truck a couple months later. Even on a cooler day with no dogs inside, the truck actually got warmer within two hours. And Eagles said they were unable to analyze the IcyBreeze used in the actual incident, since the owner apparently threw it away.
Further complicating matters, the Humane Society of Hobart says the truck's owner asked police not to let the organization help at the scene. Executive Director Jenny Webber said the Humane Society saw a wide range of ways it could help, but it was denied.
"We clearly have the capacity, knowledge in field services, as well as medical training to bring the heat down in these dogs, and we saw right away that it was not being done properly," Webber said Tuesday.
Detective Eagles acknowledged that the incident eroded trust among agencies, but he didn't think Lake Station's agreement with the Humane Society required police to give them the dogs. He said he didn't believe the dogs were "unattended," as defined by the ordinance.
"It was 'unattended animal' and the owner is either arrested, evicted or deceased," Eagles explained. "And neither of those three things were applicable in this situation."
Webber hopes they can clarify the issue for future incidents. "We want to make sure that our statutes and our ordinances protect both people and pets in these circumstances," Webber added.
Lake County Prosecutor Bernard Carter said each of the 18 misdemeanor counts carries a penalty of up to a year in the Lake County Jail, as well as a $5,000 fine. Still, he said he would like state lawmakers to make it a Level 6 felony when an animal dies.
"Hopefully, when we propose that, I think some changes will be made," Carter said. "I don't want to talk about this case, but cases like this illustrate the need for higher charges, in some case."
Fifield said the case hit home for a lot of people, leading to national attention. "These dogs didn't do anything to deserve this, right? They're just being transported. So I think there's a lot of sympathy and empathy there for the K9s, when it comes to people's hearts and feelings," Fifield said.
Webber said she's satisfied with the outcome and commended the efforts of Detective Eagles and Prosecutor Carter. PETA also issued a statement commending the charges.
