MILWAUKEE — A Milwaukee woman accused of killing her 4-year-old son by setting him on fire in their apartment has been found incompetent to proceed with the charges against her.

A Milwaukee County judge made that ruling Tuesday in Amelia DiStasio’s case. The 23-year-old woman is charged with first-degree intentional homicide.

According to the complaint, authorities were called about smoke in DiStasio’s south side apartment Sept. 28. Officers found her son Antonio’s burned and lifeless body in the bathtub. His hands had been bound behind his back with several belts, and a plastic garbage bag was over his head.

DiStasio had left the apartment and was arrested later. She’s due back in court Feb. 12.

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