St. Croix County (WQOW) – A New Richmond man set to be sentenced later this month in his son’s death has been given a new trial after a judge ruled there was juror misconduct.
Kayle Fleischauer was accused of shooting and killing his 19-year-old son Chase Fleischauer in April 2018. He was originally charged with 1st degree intentional homicide, but in June a jury returned a guilty verdict to a lesser charge – 2nd degree reckless homicide.
Fleischauer’s defense attorney Earl Gray told News 18 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 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.