'Tired of it:' Waukesha man accused of stabbing wife in back as she grilled out with friends

Javier Cruz

WAUKESHA -- A Waukesha man is facing attempted homicide charges, accused of stabbing his estranged wife as she grilled out with friends.

Javier Cruz, 56, of Waukesha faces one count of attempted first degree intentional homicide, domestic abuse, use of a dangerous weapon.

According to a criminal complaint, on Saturday, May 5 around 6:15 p.m., police responded to the area near Moreland and Whiterock for a report of a stabbing. Investigators were advised that a male suspect had stabbed his wife, and she was on the ground with a knife in her back.

According to a criminal complaint, Cruz was observed in the area, with blood on his hands. The victim was found laying face down in the grass in the area with a knife protruding from her back. The complaint says all of the victim's children were outside at the time of the stabbing. She was taken to the hospital, where the nine-inch knife blade was removed from her body.

A witness indicates he was with his fiancée at the victim's house, and they were grilling out with their families. He said they were standing in the driveway near the victim's pickup truck when Cruz arrived -- slamming on his brakes before getting out of his vehicle. The witness said Cruz approached and the victim began running away. The witness said Cruz then stabbed the victim in the back with a large kitchen knife, and the victim collapsed in the lawn.

Another witness said Cruz and the victim are legally separated and the victim said Cruz was physically and verbally abusive and very controlling. The victim said at one point, Cruz chased her with a baseball bat and police were called. The witness said at the time of the stabbing, she believed Cruz to be drunk.

The complaint says Cruz blew a .09 via a preliminary breath test, and a smell of burning marijuana was emanating from his vehicle. He was taken to the hospital for a blood draw.

At the hospital, prosecutors say Cruz was heard saying "well, I stabbed my wife."

When Cruz was interviewed by police, the complaint says he expressed "frustrations" in regards to the victim, and said he provides her $300/month and she was taking him to court for child support and he was "(expletive) tired of it." He said she doesn't listen and "he goes crazy," and said it was "hard to live with her." He said when he was living with her he had to pay $900 in rent, but now she was receiving some sort of state assistance and only paying $200/month in rent. He complained about the victim taking his kids and money and said "I'll be locked up for life. (Expletive) it. I don't give a (expletive)." He noted that he took his son fishing the day before the stabbing, and when he dropped his son off, his wife said "you don't live here anymore," which really frustrated him. He said he "didn't want to do (the stabbing) because his kids were there," but said "(expletive) it. I'll do 10 years. I don't give a (expletive)."

Cruz made his initial appearance on May 7. Cash bond was set at $500,000. A hearing was set for May 8.