PEWAUKEE NEWS

There was no delay in medical attention for 3-year-old who died after Pewaukee crash, fire chief says

Jordyn Noennig
Milwaukee Journal Sentinel
Stuffed animals, balloons and other items create a roadside memorial for three-year-old Nathaniel Medina at Rocky Point Road and Prospect Avenue in Pewaukee as seen on Thursday, July 19, 2018.

CITY OF PEWAUKEE - Emergency medical technicians provided medical care to Nathaniel Medina, 3, within minutes of arriving at the scene of a single-vehicle crash July 15, according to Pewaukee Fire Chief Kevin Bierce. 

That account is at odds with previous news stories, which questioned whether Nathaniel's treatment was delayed while rescue workers tended to his parents, Nicholas Dischler and Kellie Deal, who were also injured in the crash

Dischler fell asleep behind the wheel and crashed into a tree around 5:50 a.m. near Rocky Point Road and Prospect Avenue, according to a criminal complaint filed in Waukesha County Circuit Court. Dischler is accused of driving drunk at the time of the crash. 

A Waukesha County Sheriff's Department deputy at the scene said on the dispatch radio about 10 minutes after arriving that the child was "unharmed and sleeping in the back seat." The child's parents had also told officers that Nathaniel was sleeping in the back seat after the crash.

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But according to Bierce, medical staff had already begun attending to the child, who was found not breathing and without a pulse in the back seat, at about the same time the deputy made the radio call.

The fire department arrived at the scene at 5:55 a.m. Bierce said he was not exactly sure when his team gave the child medical attention, but it was before an ambulance arrived at 6:01 a.m.

"I don’t have time stamps when we treat people. I know he was removed prior to arrival of that second ambulance," Bierce said. "We found him not breathing before (the ambulance) arrived and moved into protocol." 

That second ambulance took Nathaniel to Children's Hospital of Wisconsin, where he was pronounced dead.

The first ambulance treated Deal, who was found outside of the car and unable move when officers arrived. She was taken to Community Memorial Hospital, where she stayed for one night. 

Miscommunication

The deputy did not assess the child's medical state, but had repeated what an emergency medical technician had told him, according to Jennifer Wallschlaeger of the Waukesha County Sheriff's Department.

"The deputy asked the status of the child, and he was told by EMS what was relayed on the radio," Wallschlaeger said in an email. 

The sheriff's department is not on the Waukesha County Communication's dispatch system, which most municipal fire departments in the county use, including Pewaukee. 

"We're all trying to do a bunch of things, and those conversations take place in seperate circles. The deputy reacted to what they thought was correct at that time," Bierce said. "We have two separate dispatch chains. They don't hear what we are requesting."

At 6:05 a.m. Pewaukee requested a third ambulance from the town of Delafield. That ambulance treated Dischler and took him to Aurora Summit Hospital. 

OWI case

Dischler, who is thought to have been driving at the time of the crash, has been charged with homicide by intoxicated use of vehicle, driving while intoxicated with a passenger younger than 16, and causing injury while driving under the influence. 

Nicholas Dischler

Dischler was identified as Nathaniel's biological father in the criminal complaint. 

According to the complaint:

The family was returning from a camping trip to Ottawa State Campground when Dischler drove off the road.

Dischler, 25, of Pewaukee told officers he had between 10 and 12 beers beginning at 2 p.m. the day before the crash; he stopped drinking at about 1 or 2 a.m., the complaint said. 

Another account from a friend camping with the family said Dischler had only a few beers, while a third account from a friend said Dischler had consumed beer, "crown bombs" and a pull of vodka. The friend said Dischler had stopped drinking at midnight to sober up, according to the complaint. 

Dischler told police he fell asleep behind the wheel and woke up after the crash. Police believe that to be true as there were no skid marks or scuffing from braking before the car crashed into the tree, the complaint said. 

About three hours after the crash police took a sample of Dischler's blood to test for alcohol levels. The results of that test were not included in the criminal complaint.

Dischler is expected to appear July 26 in Waukesha County Circuit Court for a preliminary hearing.