A South Milwaukee teenager accused of strangling his 68-year-old grandmother has been found competent to stand trial, reversing an earlier ruling that had paused the case for roughly six months. Edward Barbara, now 16, was 15 when Elizabeth Totsky was found unresponsive at her home in August 2025. He is charged with first-degree intentional homicide and faces life in prison if convicted.
According to WTMJ, the court reversed its prior finding on Wednesday, ruling Barbara competent to proceed. Totsky died four days after being found unresponsive, and a criminal complaint cited by the station describes neck injuries suggesting strangulation. Barbara initially told police that he and his grandmother had been cooking together when she suffered a seizure, the station reported, though he later admitted to strangling her for roughly five minutes before she became unconscious.
A Chokehold That Lasted Minutes, According to Charging Documents
Court documents paint a far more detailed picture of what happened inside the home on the 1700 block of Oak Street. According to a criminal complaint cited by Law & Crime, Barbara told officers he snuck up behind Totsky and used his right arm and elbow to strangle her for approximately five minutes until her body went limp. Prosecutors have also alleged that Barbara refused to perform CPR after she blacked out, as reported by FOX6 News.
Emergency responders were called to the residence at approximately 2:15 p.m. on August 27, 2025, per the same account, and first responders managed to re-establish a pulse before Totsky was hospitalized. She died four days later, on August 31, 2025.
Prior Allegation of Strangulation Surfaced in Court Records
Court documents examined by CBS 58 revealed that Totsky's husband told police his wife had previously reported being strangled by her grandson months before the fatal attack. That detail emerged as part of the broader case file reviewed in January, when a judge found Barbara not competent to stand trial and ordered him placed in institutional care under the Wisconsin Department of Health Services for treatment aimed at restoring his competency.
South Milwaukee Police arrested Barbara on September 3, 2025, after the Milwaukee County Medical Examiner determined Totsky's cause of death was strangulation, and he made his initial appearance in adult court on September 8, 2025, according to the outlet's reporting.
Why the Case Started in Adult Court
Because Barbara was 15 at the time of the alleged killing, his case automatically landed in adult criminal court rather than juvenile court. Under Wisconsin Statute § 938.183(1)(am), adult courts assume original jurisdiction over any juvenile accused of first-degree intentional homicide committed on or after their 10th birthday, according to the Wisconsin Legislative Council.
Defense attorneys in cases like this can petition for what is known as a reverse waiver, asking a judge to transfer the case back to juvenile court. To succeed, the defense must show that adequate treatment is unavailable in the adult system, that a transfer would not diminish the seriousness of the offense, and that adult jurisdiction is not needed for deterrence, per the Wisconsin Legislative Council. It remains an open question whether Barbara's defense will pursue that path.
Competency Ruling Does Not Address Guilt
Wisconsin's competency standard, laid out under Statute § 971.14, only evaluates whether a defendant currently has the mental capacity to understand court proceedings and assist in his own defense. It does not determine guilt, innocence, or mental responsibility at the time of the alleged offense. Defendants placed in state custody for competency restoration undergo treatment with progress reports submitted to the court at 90-day intervals, and any involuntary medication ordered to restore competency must meet the constitutional standards set by Sell v. United States.
Whether Barbara's legal team will now pursue a plea of not guilty by reason of mental disease or defect remains unclear. That question, along with any reverse-waiver motion, is likely to shape the next phase of proceedings now that the case can move forward.
What Barbara Faces if Convicted
Under Wisconsin law, a conviction for first-degree intentional homicide carries a mandatory life sentence. Judges sentencing juveniles tried as adults do retain statutory authority to determine eligibility for extended supervision release, but only after a minimum of 20 years served, according to the Wisconsin Legislative Council.
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