Animal cruelty charge dropped against owner of Wheeling pet daycare after dog’s death in van

Prosecutors Friday dropped a charge of misdemeanor cruelty to animals against the owner of a Wheeling pet daycare business.

Cook County Assistant State’s Attorney Sheri Bennet said in court that evidence didn’t support the knowing involvement of 44-year-old Ross Niehaus of Chicago in the death of a 6-year-old black Labrador in a hot van on Sept. 2.

But Steve Serota, the owner of the beloved family pet named Miller, was gutted by what he felt was the implication that no one was responsible.

“It seems like a miscarriage of justice,” he said.

Serota explained that Miller was picked up by van at 9 a.m. from his Deerfield home, as the dog had been roughly three days a week over the last five years.

But he said he doesn’t know whether Niehaus was present or not when the van arrived at Waggles Pet Resort in Wheeling.

Serota received a call about Miller’s death at about 4 p.m., when the van should have been getting prepared for the return journey, he said.

Serota added that when he got to the Wheeling business to recover Miller, he was the one who moved the dog from the crate inside the van.

“The challenge from my perspective is that this was such a multipronged failure,” Serota said. “That leads us to believe there was comprehensive gross negligence.”

Serota said he sees the dismissal of the charge as something that could enable similar businesses to ignore safety protocols.

He added that he will continue to look for a way to pursue justice for the tragedy he’s struggled to explain to his 7-, 12- and 14-year-old children.

“They’re devastated,” Serota said. “Our animals are our family. This was their brother. This was so unnecessary and unfair.”

Niehaus’ attorney, Adam Sheppard, expressed gratitude to the Cook County State’s Attorney’s Office for its review of the case and pledged that his client’s business would continue to apply the highest standard of safety measures.

On behalf of his client and the business, Sheppard expressed deep condolences for the “terrible accident” of Miller’s death.

“All of our hearts remain with Miller’s family,” Sheppard said in a statement.

But he declined to comment as to whether any investigation of others’ responsibility was ongoing.

epeterson@dailyherald.com