Waukesha man convicted of killing his father in 2020 'rage' attack

WAUKESHA - A village of Waukesha man accused of killing his father after he was forced to move in with him could face life in prison following his conviction Friday.

Samuel J. Eichstaedt, 27, was charged in Waukesha County Circuit Court with first-degree intentional homicide on Nov. 19, 2020, in connection with the death of his father, Gary, at their Lawnsdale Road farm home in the village following an attack on Aug. 19. Gary Eichstaedt died Sept. 2 from what the medical examiner ruled was "multiple blunt and sharp force injuries."

The charges followed a three-month investigation effort by authorities. Eichstaedt pleaded not guilty in January.

A 12-person jury returned the verdict Friday afternoon following two days of testimony. Judge Paul Bugenhagen Jr. convicted Eichstaedt immediately following the verdict.

Throughout the trial, prosecutors focused on pieces of evidence that together led them to conclude only Eichstaedt could have caused his father's death. Eichstaedt's attorneys argued that the state's case left more than enough reasonable doubt because it wasn't built on solid enough evidence.

According to a criminal complaint, Eichstaedt moved in with his father at his father's village of Waukesha residence after he was forced out of an apartment he shared with a roommate until early June. Eichstaedt had been furloughed from his job and needed a place to live, despite apparent strong disagreements with his father over money, the lack of modern technology in the house and Eichstaedt's lifestyle.

In closing statements Friday, District Attorney Randy Sitzberger pointed to various testimony and evidence that supported comments originally introduced in the criminal complaint, including incriminating messages found on Eichstaedt's cellphone in which he seemingly expressed ideas of killing his father.

Investigators found one note, dated less than a week before the attack, that said, "Take it like a man, Gary. If you were a man you would look me in the eyes while I send a bullet through your skull."

Eichstaedt lied repeatedly during the investigation, including about a trip to Chicago that didn't happen to help a friend move shortly before the suspected time of the homicide, Sitzberger said. He extended the lies to friends, hoping they would repeat his false alibis if they were contacted by authorities as part of an investigation.

"He's not dumb. He knows detectives were going to look into this (homicide)," Sitzberger said. "He was setting up alibis with various people."

Sitzberger dismissed the defense argument that someone else could have killed Eichstaedt's father, possibly during a home invasion, noting that nothing was stolen — despite steps taken in advance by Eichstaedt to make it look like a robbery had occurred, he said.

He noted that Eichstaedt repeatedly contradicted himself as the investigation closed his "escape hatches" and alibis.

A long interrogation culminated in a confession, shown on video in court, about a physical confrontation with his father that resulted in the man's death. Sitzberger said that only happened when his other alibis fell apart during questioning.

"Why this sort of odd confession?" he said, using a video of the interrogation. "It's desperation, right? Before even murdering his father, he is taking steps to get himself out of this."

The prosecutor said the confession still fell short of evidence at the crime scene, where Gary Eichstaedt was found bleeding from the head and signs that he was badly beaten in a "rage-ville" attack after he had fallen to the kitchen floor.

But the defense said very little was clear in this case, including the lack of a motive for the deadly assault.

Katie Kegel, Eichstaedt's lead defense attorney, said the state has pieced together evidence to paint a picture that isn't necessarily an accurate rendering of what actually happened. The more accurate picture is something that doesn't exist.

"Your job is not to solve this crime," Kegel told the jurors. "Your job is to decide whether the state has met the very high legal burden that they have."

She acknowledged that statements made by Eichstaedt to investigators were frequently lies — as the confession itself may have been, Kegel added. But that in itself didn't mean Eichstaedt murdered his father.

However, the timeline established by prosecutors, a roughly one-hour period during the afternoon authorities believe the attack occurred, simply didn't leave enough opportunity for Eichstaedt to have done all the things investigators said he did, including disposing of evidence.

"Folks, that timeline doesn't stand up," Kegel said.

With the evidence not strong enough to climb above the level of reasonable doubt, what jurors are left with is people speculating about the truth, she added.

"What we are left with is a lot of people's feelings about what happened," Kegel said.

But the jurors, who returned to the courtroom to view that confession and several portions of the video evidence an hour after the closing arguments concluded, returned a guilty verdict in less than three hours Friday afternoon.

All that remains is how the court will address Eichsteadt's punishment. First-degree intentional homicide carries a maximum sentence of life in prison. A sentencing hearing was set for 1:30 p.m. July 9.

Contact Jim Riccioli at (262) 446-6635 or james.riccioli@jrn.com. Follow him on Twitter at @jariccioli.