Woman was shot while her son watched, authorities say
Boy’s father accused of setting her on fire before she died
“My daddy killed my momma.” The 5-year-old boy repeated himself, then added: “My momma stood in front of the gun and my daddy killed my momma. Will you put my daddy in jail?”
The child’s statements to investigators were contained within a criminal complaint released Monday that detailed the allegations against James Hutchins.
Prosecutors say Hutchins, 49, shot Tyvitta Dischler, 26, twice in the head May 24 before burning her body — and that their son witnessed the killing.
HutchinswaschargedSundaywithfirst-degree intentional homicide in the death of Dischler and with felony child abuse in connection with allegedly hitting their son with a gun. According to the complaint: Hutchins dropped his son off at his aunt’s house last Wednesday, telling her “I got to go.” His aunt noticed the child had large bruises on his head, and the boy said his parents had been fighting.
The child fell asleep. When the aunt woke him up, she saw blood on his pillow and realized he had a cut on his head. She called Hutchins and said she was taking him to the hospital.
“Do what you have to do, take care of my son,” he told her.
At Children’s Hospital of Wisconsin, a nurse asked the boy what happened.
“Daddy hit me with a gun, mom and dad were arguing and dad shot mom,” he told her.
Hospital staff called Milwaukee police and an officer arrived. As the officer colored with the boy and asked him questions, the child repeatedly said his father had shot his mother. That’s also when he asked the officer if his dad was going to jail.
Based on what the boy said, police went to the couple’s home in the 4700 block of W. Brentwood Ave. When no one answered the door, officers forced their way in and found Dischler’s body on the kitchen floor. She had been shot twice in the head and her body had been set on fire with gasoline.
A red gasoline container was next to her body and officers found a rifle and ammunition in the house.
Mom didn’t ‘wake up’
The next day, the child had a more detailed interview with investigators. He said his father was “really mad” when he shot his mother, who was sitting in a chair. Then his father threw him on the floor, the child said.
The boy looked at his mother, who was making noises.
“She was trying to wake up, but didn’t wake up,” he said.
He heard his father say to his mother: “When I get back I am going to finish you off.” Then his father grabbed him and they left the house.
An autopsy revealed soot and discoloring on Dischler’s airway, meaning she was still alive when her body was set on fire.
Hutchins remained in Milwaukee County Jail on Monday on $250,000 bail and is expected back in court June 6 for a preliminary hearing. If convicted of first-degree intentional homicide, he faces a mandatory life prison sentence.
Dischler had previously sought a restraining order against Hutchins, but a court commissioner denied an injunction after a hearing May 10, according to court records.
A new hearing had been scheduled for June 22, after Dischler asked a circuit judge last Monday to rehear the petition.
Two days later, police found her body.
HELP IS AVAILABLE
The Sojourner Family Peace Center in Milwaukee operates a 24-hour confidential hotline at (414) 933-2722. The National Domestic Violence Hotline can be reached at (800) 799-7233.