Wednesday, November 13, 2019
Marcus W. Anderson

Tomah man charged with homicide following 3-year-old’s death

Marcus W. Anderson, 34, of Tomah had his initial appearance in Monroe County Circuit Court before Judge Todd Ziegler Tuesday afternoon when he was charged with first-degree intentional homicide following the death of 3-year-old Kyson Rice in May.

According to the complaint, officers were dispatched to a residence on Jodi Circle in Tomah on May 3 at approximately 5:55 p.m. for the report of an unresponsive child. Upon arrival, officers found Anderson holding Kyson, who had no pulse and was not breathing.

As the officers began taking life saving measures, they noted Kyson and his clothing were completely wet and that he had significant bruising to several parts of his body.

Officers reportedly suspected that the bruising may have been from physical abuse to the child and that the medical emergency they were assisting with was the result of child abuse.  

Anderson allegedly told officers he was bathing Kyson and had left the bathroom when he heard a loud thud followed by a groan. He said he found the boy unresponsive in the bathroom.

Anderson reportedly made a comment to officers that he had attempted to perform CPR on Kyson and allegedly said he “had been hitting him hard.” Officers noted that Anderson’s story seemed abnormal and the Kyson’s bruises were inconsistent with localized strikes associated with CPR.  

Kyson was transported to Tomah Memorial Hospital for care where he was later pronounced dead at 7:41 p.m.

On May 4, an autopsy was performed at UW Health where the child’s death was ruled a homicide resulting from a head injury. According to the report, he had a brain injury, a broken rib, lacerated lips and 179 contusions covering his head, face and limbs, all of which were consistent with physical abuse.

At the hospital, Kyson’s mother, Jessica Rice, who was not at the residence at the time of the incident, told investigators she received a phone call from Anderson who told her the child had “taken a fall and was not breathing.”

Rice said she told him to call 911 and left her place of employment early to return home. She told investigators her relationship with Anderson was “rocky” but that he would watch her son while she was at work after he had been laid off from his job.

Rice allegedly told investigators when Anderson gets mad and goes to punish he “does not know his own strength” and that Anderson had hit her son before but that she had not witnessed it.

Officers observed Anderson at the residence packing bags and when he didn’t show up at the hospital, they believed he was attempting to flee.

Officers located Anderson’s vehicle on the 1100 block of Superior Ave. in Tomah where he was slumped over the steering wheel. Officers attempted to give Anderson numerous verbal commands and did not get a response.

Shortly afterwards, Anderson was taken into custody without incident and officers felt he had ingested some type of illegal substance to solicit his unresponsive behavior.

He was taken into custody and transported to Sparta Mayo Hospital where his blood reportedly tested positive for amphetamines, benzodiazepines, methamphetamines, opiates, oxycodone and tetrahydrocannabinols. 

During a search of the residence, officers found a Sig Sauer firearm and numerous items of drug paraphernalia.

Anderson was additionally charged with two counts of child abuse to intentionally cause great bodily harm, operating while intoxicated, possession of a firearm as a convicted felon and eight counts of felony bail jumping.

If convicted on the homicide charge, Anderson faces life in prison. He has a preliminary hearing set for July 25.

Evans Print & Media Group

1302 River Rd.
P.O. Box 252

Sparta, WI 54656-0252

Office Number: (608) 269-3186
Fax Number: (608) 269-6876


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