A misdemeanor animal-cruelty charge against the owner of a Wheeling pet resort has been dismissed following the death of a family dog that was left inside a company van during a period of extreme heat.
Ross Niehaus, owner of Waggles Pet Resort, was charged after Miller, a 6-year-old, 110-pound black Labrador retriever, was found dead inside one of the business’s vans on Sept. 2. The dog had been picked up from his family’s home in Deerfield that morning and was supposed to spend the day at the facility.
The Cook County State’s Attorney’s Office dismissed the case during a court hearing Friday, saying the evidence did not demonstrate that Niehaus knowingly engaged in conduct that would make him criminally responsible for Miller’s death. Prosecutors said the decision was based on whether the available evidence could establish every element required for the misdemeanor charge.
For Miller’s family, however, the dismissal brought another painful development after the loss of a dog they had trusted the business to care for.
Steve Serota said Miller had regularly gone to Waggles for years. A company van picked the dog up from the family’s Deerfield home, and Serota said he received a call at about 4 p.m. on Sept. 2 informing him that Miller had died.
According to the family, Miller had remained inside the van for hours instead of being taken into the Waggles facility. Temperatures in the area were in the mid-90s that day, adding to the danger inside a vehicle.
Serota said he went to the Waggles location after receiving the call and found Miller still inside the vehicle. The dog had been placed in a crate near the front of the van, according to his account.
The loss has left the Serota family struggling to understand how the incident happened, particularly because Miller had been a regular at the pet resort.
The case initially moved forward as a criminal matter. Wheeling police announced in early September that Niehaus had been charged with misdemeanor cruel treatment of animals after receiving a report about the dog’s death. He was later released.
The legal situation changed on Friday when prosecutors dropped the charge.
Niehaus’ attorney said his client and the business continued to extend their condolences to Miller’s family and described the death as a terrible accident. The attorney also said the business would continue working to maintain strong safety measures.
Waggles also temporarily suspended its chauffeur service after Miller’s death while the business evaluated steps intended to prevent another incident. The company said at the time that what happened should never have occurred.
The dismissal of the criminal charge does not change the circumstances surrounding Miller’s death, but it does mean the misdemeanor case against Niehaus will not proceed based on the evidence presented to prosecutors.
For the Serota family, the focus remains on Miller and the circumstances that led to his death. Serota has said he wants answers and stronger safeguards so another family does not experience a similar loss.
As of the latest reports, it was not immediately clear whether a separate civil case involving Waggles Pet Resort or Niehaus would be pursued.
