MARTINSVILLE, Ind. — A husband and wife are now facing neglect and sex charges after the death of their 3-month-old in a Martinsville fire.
Kathryn Swartz, 22, is facing charges of neglect causing death, neglect, possession of child porn and vicarious sexual gratification.
Tyler Murtlow, 26, is facing charges of neglect causing death, neglect and vicarious sexual gratification.
The investigation into the two began after first responders were called to a two-story apartment fire on South Home Avenue, near Nutter Street, on March 15.
The fire was contained to an upstairs bedroom, police told 13News.
Unfortunately, 3-month-old Colson Murtlow was found unresponsive in the apartment and was taken to the hospital, but died from his injuries. First responders said they did everything they could to resuscitate the child.
According to court documents, Murtlow was acting as if he was under the influence of drugs or alcohol when police arrived. They said he originally claimed Swartz was still in the home. An officer tried to get in the home to rescue her, but the smoke was too thick. Moments later, Swartz — who had been outside the home — walked up to officers. She told them she had been at a vape shop for 20 minutes and had just gotten back to see the apartment was on fire.
First responders said Murtlow then told them there was a baby inside in an upstairs crib. It was later learned the fire started in the baby's room.
According to court documents, one of the children admitted knocking a candle over and it landing in the crib. The child allegedly told other people that she started coughing and that woke up Murtlow. The child allegedly said, "Daddy tried to save baby Colson, but he couldn't."
An autopsy found the baby died from smoke inhalation and burns.
A toxicology report on Murtlow found his BAC was .262 – more than three times the legal limit – when it was checked after the fire. Swartz reportedly had THC in her system but no alcohol.
Court documents also allege officers checked their cellphones and found images that included a nude child.
A warrant was issued for both of their arrests on May 23, and an initial hearing is set for May 24.