Tylor Birch (Photo courtesy: Marinette County Jail)
MARINETTE, WI (WTAQ-WLUK) – Tylor Birch, one of the suspects who allegedly helped throw 13-year-old Jakob Bowerman off a pier, leading to his drowning, is competent to stand trial, according to a psychiatrist’s report – but Birch is contesting the results.
Birch, 21, and Peyton Carnot, 16, are charged with second-degree reckless homicide for the Aug. 20 incident. Carnot returns to court June 4 for a status conference.
Birch’s attorney has raised the issue of competency. That’s his ability to understand the court proceedings and assist in his own defense.
Although initially deemed not competent to stand trial, the most recent report concludes he is now competent, District Attorney DeShea Morrow said in court Friday.
However, defense attorney Scott Stebbins told the court they would be contesting that finding. Stebbins is also considering requesting a second opinion, he said.
A March 31 hearing was tentatively scheduled to review the matter.
According to the criminal complaint, Birch and Carnot initially told police all three males jumped into the water from the Marinette pier Aug. 20. Birch and Carnot told police Bowerman, 13, was struggling to swim and they tried to help him get out of the water, but couldn’t, so they called 911.
“Carnot said after 5 minutes of being in the water he climbed out to call 911 because Tylor was trying to hold Bowerman above the water. Carnot confirmed that while they were in the air, leaping from the break wall is when Bowerman allegedly told them that he could not swim. Carnot said he and Tylor were trying to hold him up in the water but they kept going under water and were not able to get Bowerman back to the break wall,” the complaint states.
“Law enforcement did further investigation and found out that is not what happened. That actually Mr. Birch, along with the co-actor, had actually thrown the victim into the water after the victim has expressed he didn’t want to go in, especially there,” Marinette County District Attorney DeShea Morrow said at a previous court hearing. “He wanted to go in where it was shallower and basically, they picked him up and threw him in.”
Morrow said Bowerman was fully clothed when he went into the water, including wearing his shoes and socks.
“Carnot told me that he grabbed Bowerman’s hands and Tylor grabbed Bowerman’s feet and they swung him off the edge, into the water. Carnot and Tylor then jumped in the water and attempted to help Bowerman out but they could not,” the complaint states.
“When this incident occurred, the weather conditions were not favorable for swimming — very wavy, windy,” Morrow said earlier.
“It’s alleged in the facts, and I think pointed out by a witness, the three went to the end of Government Pier, toward the end of the ship channel, almost the beginning of where Green Bay starts. The water was choppy. Not good swimming weather at all.
At a previous hearing, the district attorney gave Birch and Carnot credit for trying help, but said their actions were still reckless. “That doesn’t change what they did to start this process, which resulted in the death of the victim,” she said.
Bowerman, who was taken to the hospital after being pulled from the water, died Aug. 23. An autopsy listed his cause of death as drowning.
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