A man who was found highly intoxicated after allegedly shooting his son to death in New Richmond was not put back in jail as prosecutors wanted, despite new allegations he'd been out drinking in Minnesota while on bond.
A St. Croix County District Attorney's Office motion sought to keep Kayle A. Fleischauer in jail pending the outcome of a trial, alleging he failed to abide alcohol-related terms of his bond. Fleischauer is charged with first-degree intentional homicide in the April 14 shooting death of his son Chase Fleischauer at the elder Fleischauer's New Richmond home.
According to the motion, an alcohol-monitoring bracelet Fleischauer was required to wear registered a 0.10 blood-alcohol level at 11:19 p.m. July 27. The bracelet continued to detect alcohol for another 12 hours, the document states.
Fleischauer's defense attorney, Earl Gray, contended at a Thursday, Aug. 2, hearing that the alcohol level at 11:19 p.m. was from a Lotrimin spray he applied to a rash on his foot. Gray said the spray, which contains 8 percent alcohol, would account for the spike in alcohol; he noted the bracelet registered no alcohol readings a half-hour earlier.
District Attorney Michael Nieskes countered that Fleischauer was likely attempting to mask his use of alcohol by applying the spray.
St. Croix County Circuit Court Judge Scott Needham said he didn't have enough information to act immediately on the bond motion, but he did order Fleischauer's monitoring bracelet to be inspected and to be replaced with a new one. The judge also increased the frequency of Fleischauer's reporting requirements to the jail's day-reporting center and prohibited him from entering any establishment that provides alcohol.
The motion says another monitor Fleischauer was forced to wear, a GPS locator,that placed him "at numerous liquor establishments, mainly bars and restaurants in the Woodbury/Stillwater area."
"The state believes the defendant's use of alcohol while on bond creates a risk to the public and he should be remanded back into custody," the motion states.
The bond motion will be re-examined at 1:30 p.m. Friday.