Two men found guilty of poisoning Dodgeville woman

By John Dalton

Both Aric Way and his son Philip Schmidt-Way were found guilty late Monday of poisoning and killing Diana Way at her rural home in Iowa County on July 19th, 2021.  The victim was their mother and grandmother, respectively.  

Closing arguments were held Monday at the Iowa County Courthouse. This case had over 30 people testify and over 90 pieces of evidence submitted.  In his closing remarks, Wisconsin Department of Justice attorney Edward Minser said one of these individuals caused the death of Diana Way. Their evidence pointed to the fact that both men were party to the crime, they directly worked together and intentionally co-conspired to poison the defendant with chemically created carbon monoxide.  

The 11 men and 3 women jury deliberated more than four hours before coming back with a guilty verdict for both men.  Aric Way was found guilty of 1st-degree intentional homicide. Philip Schmidt-Way was also found guilty of the same charge, but after polling each juror, one juror changed their mind on his verdict.  

At this point, Defense Attorney for Schmidt-Way, Joshua Weishaar asked presiding Judge Craig Day for a mistrial, stating it set up a scenario of coercion for that juror, and in his mind, there was not enough evidence to prove that Schmidt-Way was guilty.  Judge Day said a mistrial was not required and sent the jurors back for deliberation.  Two hours later the jury found Schmidt-Way guilty of 1st-degree intentional homicide.  

This elaborate scheme started back in June of 2021 when the victim wanted to sell her home to the previous owner of the property for the same asking price she and her now-deceased husband bought it some 20 years prior for $200,000.00.  The property had a home, other buildings, and 72 acres, and had recently been appraised for $430,000.00.

Aric Way, who at the time lived in Madison on East Washington Avenue, was not happy with his mother’s decision.  Ms. Way, who was 74 years old at the time and had several health-related issues, had planned to sell the property and move to an assisted living apartment in Dodgeville.  Aric then tried to petition for guardianship stating that his mother was delirious and alleged to be incapacitated.  He wanted control of the farm and did not want to see his inheritance sold, for what he said, ‘a handful of beans.’  

Aric’s alleged intention was to gain guardianship so that he could live there and take care of his mother.  That said, Aric was in the process of going through a divorce, had no job, and no car, and was in the process of selling his home in Madison.  When Diana found out about his attempt for guardianship, which contained false information, she cut him out of her will.  

Aric then contacted his son Philip, who lived in Colorado at the time.  Phone and text messages between the two indicated they’d find another way to keep the property.  Schmidt-Way even offered to buy the property for the asking price which Diana ultimately denied.  

A key piece of State evidence was a trail camera at the base of Diana’s lengthy driveway, which she had installed so she could see who was driving in.  This camera captured Schmidt-Way’s Ford F-250 truck entering the driveway on July 4th, 2021, and then backing out that same night with its lights off.  That same truck was captured at 2:57 a.m. driving up the driveway on July 19th and then leaving the property later that morning at 5:24 a.m.  

Days prior to the truck entering the driveway in the early morning of July 19th, in his closing remarks, State Attorney Misner pointed out both men’s proof of planning to kill Diana.  Google searches from Aric’s phone and computer proved he was searching how to create carbon monoxide.  Combining Formic Acid and Sulfuric Acid creates a liquid carbon monoxide.  

Aric called Hydrite Chemical Company to purchase these acids but found out it was not sold to consumers over the counter.  In other searches, he found that Formic Acid is used in beekeeping to help control Varroa mites that can kill a colony of honeybees.  Acting as a new customer, he contacted Capital Bee Supply in Columbus, WI, and purchased, with cash, a 20-pound case of Formic Pro, which contains approximately 50% Formic Acid, on July 17th.  

Later on that same day, in a search for Sulfuric Acid, he found that drain cleaners carry a high percentage of Sulfuric Acid and purchased a gallon of drain cleaner called Liquid Fire from an Ace Hardware store in Middleton, WI.  This product contains 90% Sulfuric Acid.  

In the early hours of July 19th, Several Madison street cameras would capture Schmidt-Way’s truck leaving Aric’s house on East Washington Avenue at 1:41 a.m. driving through town, and exiting off the Beltline a few minutes later heading west on Highway 18.  Unclear if only one or both men were in the vehicle, the truck is spotted by Diana’s trail camera at 2:57 a.m.  At 5:24 a.m., that camera captures the truck leaving her property.  At 6:32 a.m., Madison cameras again capture the truck near Aric’s home on East Washington Avenue.

Diana was an avid book reader and had planned to sell some of her books to a book collector.  At 10:00 a.m. on July 19th, she had a scheduled meeting at her home with a gentleman to look at some of her books.  Upon arrival, he knocked on the door, but she did not answer her door, but the door was open.  He called for her but no answer.  Concerned, he walked in and noticed a dead mouse on the living room floor.  He called out again but no answer.  He walked down the hallway, saw Diana’s body, walked back to the living room, and called 911 on her landline phone.

Iowa County Sheriff's Deputy Travis Cliff arrived shortly after.  He activated his body camera and this 15-minute footage was shown to the jury.  He said he saw no signs of life and did not feel a pulse, but noted that the body was still warm.  Aric Way and Schmidt-Way both had their eyes closed and heads down throughout this 15 minutes of footage.  

Officer Cliff called Dodgeville EMS.  Brian Cushman, a 30-year EMS veteran and Chief of EMS noted that the body was not in a normal position on the bed and that the heart monitor was flat-lined.  He then noted that his carbon monoxide monitor started beeping and that it registered a very high 64 parts per million.  He grabbed a second monitor to confirm and then ordered evacuation of the home, and called for the Dodgeville Fire Department and County Coroner.

The fire department crew vented the house, but found no sources where the carbon monoxide could be coming from.  Her house was all electric and had no fuel-burning devices.  What was determined is that the carbon monoxide readings were only at high levels in Diana’s bedroom.  What was also witnessed were charring spots on the floor at the foot of the bed, charring spots on the sheet and comforter, along with a white, powdery substance.   

Ruth Henk, with the State Crime Lab in Milwaukee, would later analyze the evidence samples and determine that the charring and discoloration of these spots was the combination of mixing the Formic Pro and Liquid Fire creating an extremely high level of liquid carbon monoxide.  The white powdery substance was determined to be ordinary baking soda which would neutralize the acid.  

Robert Corliss, a Forensic Pathologist from Madison performed the autopsy and noted that the blood taken from Diana on the 19th and blood taken during the autopsy that the carbon monoxide was at 17%. Carbon monoxide is a colorless, odorless gas that ultimately binds to a person’s hemoglobin, in essence cutting off oxygen flow to the brain and heart.  

Corliss’ findings were, that due to Diana’s pre-existing congenital heart disease, and other health ailments, the lethal level of carbon monoxide found in her body was what contributed to her death.  

Both Attorney Misner and Nathaniel Adamson for the State both concluded that both Aric Way and Philip Schmidt-Way, in this callous scheme, either together, or separate, committed, abetted, and conspired in the middle of the night on the morning of July 19th with the intent to kill Diana Way.   

Attorney Adrian Longacre representing Aric Way, and Attorneys Joshua Weishaar and Russell Hanson for Philip Schmidt-Way, would all argue that the State did not prove, without a reasonable level of doubt, that either of their clients should be guilty of this crime because of lack of evidence and had too many assumptions.  

No date was determined yet for sentencing of the two men.