Two years later, still no answers about why K-9 died in fire official’s car

🚨 Gloucester County K9 Ember died while in the care of the fire marshal in 2022

🚨 An investigation by the Attorney General's office is ongoing

🚨 County commissioner Chris Konawel is calling for closure to the case

Two years ago Gloucester County K9 Ember died while in the care of Gloucester County Fire Marshal Shawn Layton but answers into the events that led to the death remain elusive.

Gloucester County Commissioner Director Frank DiMarco at a September 2022 meeting said that Ember and Layton's own dog died while inside his county-issued 2020 Chevrolet Tahoe. Layton buried both dogs in his backyard and created a ceremonial plot complete with a memorial fire hydrant.

The investigation was turned over to the state Attorney General's Office by the Gloucester County Prosecutor's Office in 2023.  The office continues to keep the status of the investigation secret and declined to disclose the status of the investigation.

"Our office has a longstanding practice of not providing status updates on investigations or publicly announcing declinations. Anyone with information about potentially criminal conduct that violates the public trust in connection with these allegations or any other matter, are encouraged to contact the Office of Public Integrity and Accountability, or make a confidential report to OPIA via our tipline at 1-844-OPIA-TIP (1-844-674-2847)," a spokesman for the OAG told New Jersey 101.5 in an email.

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Closure to the case

Gloucester County Commissioner Chris Konawel continues to push for answers. The Republican said he hand-delivered a letter to Attorney General Matthew Platkin expressing his frustration with the lack of information.

"The protracted nature of this investigation, without any substantive updates or conclusions, is undermining public trust in our law enforcement agencies and in the mechanisms of oversight within your office," Konawel wrote in his letter.

Konawell told New Jersey 101.5 that he would like to see some closure to the case for all involved.

"If Layton is guilty, let's find out. If he's innocent, let's clear him. I'm not saying he's one of the other because I don't have all the information. But the fact of the matter is, this is the Attorney General's job to investigate," Konawell said. "The public has lost its trust in its government. I think we've had enough corruption cases in the state of New Jersey to make enough people sick. How about if we just do something right for once and get on top of it."

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Layton reappointed despite investigation

Konawell is "shocked and appalled" that Layton was reappointed by the county commissioners to a three-year term in January despite the ongoing investigation.

"What happens if it turns out that he maybe he was guilty and he's been serving in an authoritative capacity for the last couple years? What if something else happens due to a lapse of judgment," Konawell said.

Others are joining Konawell in a call for answers.  Konwell and fellow Republican Nick Desilvio, who both voted against reappointing Layton, drew praise from Gloucester County GOP chairman Adam Wingate.

"For too long we have seen a lack of transparency in our local government due to one-party rule. Almost two years after the tragic loss of K9 Ember, we still have no clear answers," Wingate wrote in an email. "This issue would have never been brought to light without the persistence of our Republican Commissioners, Chris Konawel and Nick Desilvio. We are grateful to Chris and Nick for their unwavering commitment to government transparency.”

The group Justice For K9 Ember has posted a new online petition seeking answers. It calls the lack of answers an "insult to our community's trust."

"In a democratic nation, transparency is key, and justice cannot exist where it lacks. This situation also leaves our residents at risk, as those in this investigation also are in charge of keeping our residents safe. If they can’t be held to a standard it sends a dangerous message," the petition reads.

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Unanswered questions about the death of K9 Ember

Was Layton charged in connection with their deaths?

Since the investigation is ongoing, any charges will likely not be announced until they are filed.

Why did Layton bury the dogs in his yard?

Joe Nicholas, a well-known trainer of K-9s who runs a business called Joe Nick Canine Training in Vineland, told commissioners during a meeting in October 2022 that he was responsible for the burial in Layton's backyard.

Nicholas said that when he arrived at Layton's Mantua home, Layton was too distraught to speak. The burial site for both dogs included a memorial fire hydrant.

"I took the dogs out of the car. I know what happened. I covered the dogs up. I had someone to go get me a backhoe and dig a hole because I wanted that boy to stop suffering," Nicholas said, referring to Layton's grief. "I wanted that boy to get up off the ground and stop crying. That was the only thing I could do to bring closure."

Investigators from the Gloucester County Prosecutor's Office took the bodies of the dogs from the plot as part of their investigation.

Why did Layton wait to report the deaths and what were the circumstances?

The way the dogs died could have affected how quickly Layton was able to report their deaths. The involvement of law enforcement is important because leaving animals in a vehicle in conditions that could result in their death from suffocation or overheating is considered animal cruelty under New Jersey law. 

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