PEWAUKEE -- It was an emotional day in court as a Pewaukee man was sentenced for causing the death of his young son. 26-year-old Nicholas Dischler fell asleep at the wheel last July before he crashed into a tree.
Dischler won’t spend another day in jail for the death of his 3-year-old son. The Waukesha County judge thought his guilty plea, previously clean record and clear remorse were worthy of five years probation.
“I realize what I did was wrong. I should have made sure Nathaniel was in his car seat,” Dischler said in court.
Dischler broke down into tears as he told the judge that his son Nathaniel would still be alive today had he made better decisions on the early morning of July 15, 2018.
“I blame myself everyday,” Dischler said. “I wish I could go back and change what I did in every way.”
That weekend, Dischler and his family were celebrating Nathaniel’s birthday when Dischler decided to drive home after getting just a couple hours of sleep. He admitted to drinking around 10 beers the day and night before.
Court records show Dischler’s wife placed their son in a seat belt in the back seat instead of his child seat. Nathaniel died on impact when their vehicle collided into a tree.
“If Nathaniel had been in his car seat, he would not have died. He wouldn’t have had a funeral,” said the prosecution.
Dischler’s blood alcohol test showed he was under the legal limit as the time of the crash resulting in an amended felony change.
He’s now convicted of homicide by negligent operation of a vehicle. The judge sided with Dischler’s defense in not giving him jail time due to the circumstances and pain he will have to live with for the rest of his life. Dischler’s attorney Christopher Ehrfurth applauded the decision.
“I think she was fair and considered the facts and considered that this was a good person who really I think just had some bad circumstances that day,” said Ehrfurth.
Dischler declined to comment about the judge’s sentence. Dischler must remain sober during his five years of probation. He has to spend 6 months confined in his home, aside from work release.
