Falls Man Charged In Fatal Heroin Delivery

Tyler J. Herzog, 25, was found dead in a Waukesha apartment in February 2012. James J. Howard, of Menomonee Falls, could face up to 10 years in prison for dealing the drugs, according to the complaint.

A Menomonee Falls man is accused of delivering heroin after overdosed and died in Waukesha in February 2012.

James J. Howard, 25, was charged Monday in Waukesha County Circuit Court with heroin delivery. If convicted, he faces up to 10 years in prison and $50,000 in fines.

Herzog was found dead at an apartment in the 300 block of South Street on Feb. 8, 2012, just after 10 a.m. by his girlfriend and then Waukesha firefighters who were responding to a report of a drug overdose. Herzog’s girlfriend told police she tried reaching him via the phone and when he didn’t respond to text messages and phone calls, she forced her way into the apartment when she found him, according to the complaint.

A Waukesha police officer located two cell phones in Herzog’s pockets, a needle in the kitchen sink and a metal container with white cotton in it, a syringe, aluminum foil and a cigarette pack wrapper. The girlfriend told officers he was a heroin user, and the State Crime Lab found traces of heroin in the syringe, according to the complaint.

A Waukesha detective looked at the phones and found Herzog had been texting Howard, asking him to supply him with heroin from a man named “Lil Cuz” in Milwaukee County, the complaint states.

Howard admitted to police Feb. 9 that he arranged the purchase between Herzog and “Lil Cuz.” After they got the drugs, Howard told police, Howard took two “dubs” and Herzog took two “dubs” and they played pool at Howard’s before Herzog left Howard’s home, according to the complaint.  

Di Atribe April 18, 2013 at 03:42 PM
A pothead since he was 16, escalating to cocaine, obstructing a police officer, and then off to the races with heroin. My brother was one of these type of kids--they're not good people. They're selfish a--holes who destroy the family. Addiction may be a genetic predisposition, but everything after finding out you have a problem is conscious choice. Tyler and all the other addicts who put their families through hell are conceited jerks who thought only of themselves.
Steve ® April 18, 2013 at 04:12 PM
Sad. He started smoking pot which lead to heroin which lead to a young death. It's a messed up drug, few can escape it alive.
nadermd April 19, 2013 at 12:00 AM
Tyler was an amazing kid! Little do those who are passing judgement know that he had been sober for 9 months before he passed away, partaking in Christianhab program. He loved the Lord and kept a very insightful Bible passage in his pocket to keep him out of evils way. Yes, he was a good uy- a good guy with a terrible addiction and a family that loved him dearly- even if it meant throwing him in jail. That's the thing about heroin- its not the "bad kids" that you might expect. It's the honor roll kids, the athletes, the "popular" kids, the God-fearing kids. People need to stop be so condescending and cruel based on what is written in an article d recognize that heroin abuse is a serious problem. I am so sad for the families of both Jim and Tyler- why aren't you? We are all sinners who sin differently. What makes you any better?
Nuitari (Grand Master Editor) April 19, 2013 at 12:11 AM
I don't have to use the scroll arrow when looking at my CCAP record.
Di Atribe April 19, 2013 at 05:00 PM
Good kids don't make their families grieve their premature and self-induced deaths. Addicts only change when they hit rock bottom. The court system and the families have tendencies to try and save their loved ones before that happens, oftentimes resulting in stories like this. Take the blinders off and step out of the emotional fugue. This kid, as did others who OD, made the literally fatal choice to ingest drugs out of pure selfishness and self-pity. I'll say it again--my brother was one of these people, and what he did to the family was unforgivable. You'll see in time the defense of these "good kids" is actually guilt because they couldn't be saved. That guilt, and resulting defense, is entirely misplaced. The deeds done by addicts is wholly on their shoulders, and should be scorned. Addicts are not noble people who were victims of something that happened to them with no warning, like a random car accident, or the people who died at the Boston Marathon. Addicts made choices that put them in the ground. Stop allowing the pain to consume the surviving families.


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