Two charged over 2023 Lake Station K9 heat deaths (2024)

Two Michigan City men face misdemeanor charges over a July 2023 incident that left nine dogs that were being transported through Lake Station dead of heat-related illness.

The charges were filed on Monday by the Lake County prosecutor's office following a yearlong investigation into the incident by the Indiana State Police. Lake County Prosecutor Bernard Carter requested the investigation after the death of nine German shepherds drew national media attention and sparked widespread public outrage. The ISP unveiled its findings, and the resulting charges, at a Tuesday morning press conference held at the agency's Lowell post.

On the afternoon of July 27, 2023, Michigan-based business FM K9 was transporting 18 dogs roughly 120 miles in a box truck from Chicago O'Hare airport to the company's facility in Berrien Center. The animals were meant to receive training from the company before beginning lives as police dogs.

At 6:22, according to the ISP's investigation, the truck's driver stopped at Lake Station's Road Ranger gas station, where he discovered that the animals were in heat-related distress. Temperatures in the Region that day reached around 90 degrees.

Despite the best efforts of first responders and good Samaritans, three dogs died at the scene and six others were later euthanized due to their condition.

Lake Station police initially said that the animals died due to a failure of an air conditioning unit in the truck, and concluded that the incident was not a case of animal cruelty.

The ISP's investigation, however, reached a different conclusion. The device used to keep the animals cool, the agency learned, was an IcyBreeze, which combines an ice chest and fan to create cooled airflow. A "frequently asked questions" page on the manufacturer's website notes that the device cannot replace a conventional air conditioner.

"While the IcyBreeze is perfect for breaking the heat for the person it is aimed at or a small, insulated area, it will struggle to cool a large open space or a space with lots of direct sunlight," the website reads.

The ISP confirmed this through a field test, ISP Sgt. Glen Fifield told reporters. Using the same box truck employed by FM K9, the agency measured the temperature of the vehicle's cargo area while running an IcyBreeze. Though the outside temperature reached just 78 degrees during the test, the temperature recorded inside climbed to the high 80s.

Detective Christopher Eagles, who lead the investigation, told reporters that it was not clear whether the IcyBreeze failed during FM K9's trip from O'Hare. He lamented a "breakdown of critical information" that lead to the incident being mischaracterized in its immediate aftermath.

The ISP further concluded that FM K9 had failed to take other safety precautions that could have prevented the dog's deaths, including installing temperature monitors, improving ventilation and making more frequent stops during the trip.

Michael McHenry, FM K9's owner and lead trainer, and Jesse Urbaszewski, whom the ISP identified as the driver of the box truck, were each charged with 18 counts of neglect of a vertebrate animal, a Class A misdemeanor. Each charge carries the possibility of up to one year in prison and a fine of up to $5,000. Warrants for both men's arrests were issued on Tuesday.

The Humane Society of Hobart, which serves as the city of Lake Station's animal care and control partner, criticized Lake Station police for not allowing the organization's employees to take possession of the dogs and provide them medical treatment after they arrived at the gas station. Jennifer Webber, the organization's executive director, cited a Lake Station ordinance that empowers the humane society to seize neglected animals under certain circ*mstances.

Following the animals' deaths, the advocacy group People for the Ethical Treatment of Animals said that Lake Station Police Chief James Richardson faced a "glaring conflict of interest" because he and McHenry were once colleagues in the New Chicago Police Department.

Fifield said that Lake Station police on the scene were not found to have shown McHenry or his business any preferential treatment.

"Rather it was unfamiliarity with Indiana's animal neglect statute," he said. "The focus on that day was on saving the lives of the dogs, not a criminal investigation at that exact moment."

Eagles said that a review of the Lake Station ordinance laying out its relationship with the Humane Society determined that it did not apply to the truck incident's specific circ*mstances. The policy primarily concerns animals that are unattended or abandoned.

Webber told The Times that she was "thrilled with the work that Detective Eagles has done."

"Our professional opinion that night is vindicated," she said. "We saw that there was neglect."

In a statement, PETASenior Vice President of Cruelty Investigations Daphna Nachminovitch wrote that "nothing can undo the terrible suffering and agonizing deaths that these dogs endured, but PETA is thankful to the Indiana State Police and the Lake County prosecutor for considering the blatant disregard and corner-cutting callousness shown by the accused and pursuing some measure of justice on behalf of these dogs."

FM K9 declined to comment.