A man charged with shooting and killing his brother-in-law in Whitewater two weeks ago appeared via video in court Friday.
At an initial appearance for Alan M. Johnson, 31, who is charged with killing Kenneth J. Myszkewicz, 43, Milton attorney Scott McCarthy requested a preliminary hearing for Johnson that was set for Nov. 29. At the preliminary hearing, Judge David Reddy will determine whether sufficient evidence exists to bind Johnson over for trial on a charge of first-degree intentional homicide for the shooting death of Myszkewicz, a Burlington High School graduate, in Myszkewicz’s Whitewater home on Oct. 25.
According to the criminal complaint, police were called to Myszkewicz’s West Peck
Street home in Whitewater at about 2:20 a.m. after Kimberly Myszkewicz called 911, believing that her husband had fallen and hit his head. Police found a .40-caliber shell cartridge case in the hallway as they approached Kenneth Myszkewicz and found Myszkewicz with no pulse and what appeared to be a gunshot wound in his arm and chest, according to the complaint. When an officer rolled Myszkewicz to his side, he saw a gunshot wound in Myszkewicz’s back.
Kimberly Myszkewicz told police she and her husband had gone to bed upstairs, and she was awoken by a thud and thought Kenneth Myszkewicz had fallen down the stairs, according to the complaint. When she got up to check on her husband, she heard what she believed was the sliding back patio door closing and the closing of the rear house door, according to the complaint.
Kenneth Myszkewicz was pronounced dead at the scene, and police met three times later that day with Johnson, Kimberly Myszkewicz’s brother. Johnson denied any involvement in Kenneth Myszkewicz’s death, according to the complaint.
A detective also met with Eric Johnson, Kimberly Myszkewicz’s and Alan Johnson’s father, who is a retired sheriff and turned over his .40-caliber Smith and Wesson pistol, according to the complaint. A detective noted that the pistol had not been cleaned since it was last fired, and Eric Johnson said he routinely cleans his guns after using them.
Eric Johnson said after learning about Kenneth Myszkewicz’s death, he looked at his .40-caliber ammunition and found that some rounds were missing, according to the complaint.
Later that day on Oct. 25, Eric Johnson called a detective back to his Rock County residence where Alan Johnson was. When the detective entered the home, Alan Johnson allegedly said, “Arrest me. I killed him,” according to the complaint.
Eric Johnson told the detective that Alan Johnson admitted he went to Kenneth Myszkewicz’s home with one of Eric Johnson’s guns with the intention of killing Myszkewicz and then committing suicide, according to the complaint.
A forensic examination determined the .40-caliber shell cartridge case found at the scene was fired from Eric Johnson’s Smith and Wesson pistol, according to the complaint.
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