NEW RICHMOND, Wis. — A western Wisconsin man who was found guilty of second degree reckless homicide in the fatal shooting of his son has been granted a new trial, according to court documents.
Kayle Fleischauer was convicted in June in relation to his 19-year-old son dying from a gunshot wound to the head.
Court documents say a judge granted Fleischauer a new trial due to alleged juror misconduct. Fleischauer’s defense attorney Earl Gray told WQOW News in Eau Claire he requested a new trial after learning one of the jurors tested out a theory that a dog could not have moved a gun found 10 feet from Chase Fleischauer’s body.
That ‘test’ was then presented by the juror to the rest of the jury.
Judge Scott Needham ruled Monday there was jury misconduct because evidence used in the final verdict was based on facts not presented in court.
The new trial is set to take place February 24, 2020 at 8:00 a.m.
Early the morning of April 14, 2018, Fleischauer's daughter Somer called 911 and told dispatchers her brother had shot himself. When St. Croix County deputies arrived at the New Richmond home first responders were performing CPR on the victim, and the 43-year-old Fleischauer and his daughter were sitting on the floor covered in blood.
Deputies found Kayle Fleischauer to be unemotional, and reported he smelled of alcohol, was slurring his words and had difficulty keeping his balance.