NOTE: Mugshots have been requested for Kathryn Swartz and Tyler Murtlow. As of this article's publication, they have not been made available.
MARTINSVILLE, Ind. — The mother of a Martinsville infant who died in an apartment fire earlier this year was reportedly shopping at a vape store when a candle was knocked into her baby's crib while her husband slept in a nearby bed.
Kathryn Swartz, 22, and Tyler Murtlow, 26, were charged Tuesday in Morgan County Superior Court 3 with several felonies including neglect of a dependent and neglect resulting in death. Police later found evidence to also charge the couple with child porn possession and more.
The charges stem from a fatal apartment fire that killed the couple's 3-month-old child, Colson Murtlow.
The fatal fire
Police and fire crews were called around 3 p.m. on March 15, to the 400 block of S. Home Ave. for an apartment fire. Upon arrival, units saw a man, later identified as Murtlow, standing outside the apartment with two children. Heavy black smoke was visible from the front of the building.
Murtlow was reportedly acting "all over the place," cops said, and was telling first responders that his wife was still upstairs. It turned out that Swartz was not inside, but rather walking back home from a nearby vape shop where police said she had just purchased some glassware.
However, the couple's infant child was still inside the bedroom where the fire started. The 3-month-old child, Colson Murtlow, was eventually found by fire crews suffering from first, second and third-degree burns. The child later died from burns and soot inhalation.
The house was reportedly in disarray once investigators began searching the scene. Smoking remnants were found throughout the house along with alcohol containers and dirt.
While searching the house, an insurance investigator found the remnants of a candle near a bassinet in the room where the fire started. During an interview with police, Swartz reportedly said she had lit a Glade candle in the room earlier that day after their dog had "diarrhea'ed" on her kids' mattresses and the room "smelled like s***."
Detectives later interviewed one of the surviving children who was in the house during the fire. That child reportedly told officers that they were rocking the infant in the bassinet when a candle fell from a nearby table, landed in the crib and set the area ablaze.
Further investigation
Later, fire investigators determined that either the Glade candle found at the scene or the Bic lighter recovered from the bedroom could "not be ruled out" as causes for the fire.
The child told police that after the candle fell, she went downstairs and called for Murtlow. However, Murtlow was reportedly sleeping and did not immediately react.
"[The child] was asked what did daddy do when you said [there was a fire] and she answered with, 'Daddy did nothing,'" court docs read. "[The child] said when Tyler was in the house that day he was doing nothing. When asked what nothing was she said he was drunk."
Murtlow and Swartz were both detained on scene and taken to a local hospital for blood draws. Court docs show that Murtlow was intoxicated with a BAC of .262, and Swartz tested positive for THC, the main component in marijuana.
During interviews, police said neither of the parents could provide a solid explanation of how the fire started. Detectives also said that their stories conflicted as to whether Murtlow knew Swartz was leaving the house prior to the fire starting.
With the evidence gathered, detectives filed charges this week against Murtlow and Swartz. Both of them now face three counts of child neglect and one count of child neglect resulting in death each.
Further charges
In addition to the neglect charges, Swartz and Murtlow were also charged with several counts of vicarious sexual gratification, child exploitation and possession of child pornography.
Court documents show that these additional charges stem from evidence found on a cell phone that Swartz and Murtlow shared.
While searching for any data related to the day of the fire, investigators reportedly found six lewd photos and three videos saved to the phone.
Detectives reported that one video appeared to show Swartz without clothes covering her vagina as she masturbated. Police said that a toddler can be seen playing in the background of the video and that a baby can be heard crying.
In the other two videos, police said that Swartz can be seen performing oral sex on a man identified as Murtlow, who was reportedly standing "in front of the toddler playing on the floor."
"The toddler appeared to be located near Kathryn where the infant could hear and see the sex act," court docs read.
In the six photos recovered for evidence, police said that Swartz can be seen exposing her genital area and breasts by pulling on her clothes. In some of the photos, police said that a toddler who is not wearing clothing can be seen sitting near Swartz and eating a cookie. The toddler's vagina could reportedly be seen in one of the photos.
"I continued to search the cellphone download and did not locate any other pornographic pictures or videos that pertain to child pornography, or evidence of dissemination," a detective wrote. "I did observe that both Murtlow and Swartz used the phone."
Murtlow and Swartz have now been charged with one count of child exploitation, two counts of possessing child porn, one count of displaying matter harmful to minors, one count of performance before a minor that is harmful and one count of performing a sexual act in front of a minor each.
Aftermath
Detectives were alerted on May 9 that Murtlow and Swartz had been committing lewd acts during video calls to each other in jail.
During the 10:20 p.m. call, detectives said that Swartz exposed her breasts multiple times and that at one point she was licking them at Murtlow's request.
"Hopefully they don't watch this one," Murtlow reportedly said.
During the conversation, Murtlow reportedly told Swartz that if she had a photo of one of their children she should put it next to her breast so that the child "could see everything."
The video chat is reportedly the only evidence that has been logged in their case since the couple's arrests.
Charges were officially filed in Morgan County against the couple on May 21. Online court records have not yet been updated to reflect an initial hearing being scheduled.