Judge dismisses motion to dismiss charges against father accused of fatally shooting son

January 23, 2019 10:36 AM

A Wisconsin judge Tuesday dismissed a motion by attorneys for a father accused of fatally shooting his son last April that would have dismissed the charges against him.

Kayle Fleischauer is charged with first-degree intentional homicide and being a felon in possession of a firearm. Authorities say he shot and killed his 19-year-old son Chase, a college student and Tartan High School graduate. 

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He was arrested at his home on April 14 of last year.

Chase's mother, April Johnson, told 5 EYEWITNESS NEWS she is happy with the judge's ruling to not dismiss the murder charges and is anxious for the trial to start.

"I want the trial to start sooner rather than later," Johnson said. "The State of Wisconsin and myself know Kayle Fleischauer murdered my perfect baby and took away his brilliant future for no good reason."

Johnson said the judge's decision was the correct one, in her opinion, but finding joy while the legal process continues is elusive.

"I mean, I am glad with what happened in court and that the murder charge was not dismissed," Johnson said.  "But there is really no happiness in the fact my son will never be back because of the selfishness of somebody like Kayle Fleischauer."

In court Tuesday, Fleischauer's attorneys argued it was his son who actually pulled the trigger.

"The deceased has DNA on the pistol, touch DNA," attorney Earl Grey said. "He has GSR, gunshot residue on the palm of his hand, on his left hand, and he has blood splatter on the back of his right hand."

Grey also said there is more evidence linked to the forensics which will also be laid out during trial.

"My client has no DNA on the gun, or GSR on his hands and he has no blood spatter anywhere," Grey said.  "So, who was holding the gun?  I guess we will find out in trial."

RELATED: Wisconsin father charged with homicide for allegedly shooting son

During a hearing last May, investigator Jim Mikla had testified that Somer Fleischauer, Kayle's daughter, was in the home during the incident. 

He said she heard her dad and brother arguing. And he testified that she later told him, "I know he did it, I know my dad did it. I know he killed Chase."

RELATED: Father arrested in connection to shooting death of 19-year-old son

Mikla also testified it was Somer who called 911, not her father, whom she allegedly found in the hallway with blood everywhere. 

KSTP asked prosecutors for comment after Tuesday's court hearing, but they respectfully declined.

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