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Published - Monday, May 05, 2008

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Heisz guilty of battery for role in Kuykendall altercation

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A Gays Mills man was found guilty of battery and disorderly conduct Monday in a case involving the subsequent death of a Beloit man at a Readstown bar, Feb. 7.

Mikeal E. Heisz Jr., 28, pleaded no contest to the two misdemeanor counts in Vernon County Circuit Court, Monday. His cousin, David A. Heisz, 26, Gays Mills, still faces a charge of first degree reckless homicide from the incident that left 50-year-old Kelly Kuykendall dead.

Mikeal Heisz entered the no contest pleas and was found guilty of the charges by Judge Michael Rosborough. Heisz was sentenced to nine months in jail on the battery charge, but that was imposed and stayed and Heisz was ordered to serve two years of probation. The condition of Heisz's probation is he is to undergo assessments and evaluations deemed appropriate by the probation officer and follow any recommendations, participate in victim offender mediation, he's not to consume or possess alcohol or controlled substances unless prescribed and is not to enter establishments that sell alcohol by the individual drink.

Rosborough also ordered restitution in an amount that "is to be determined." Currently, the state's circuit court recording system says Heisz owes $1,386 to the state.

While Heisz will not serve jail time for the battery charge, he was sentenced to 90 days in jail on the disorderly conduct charge. He will receive Huber work release privileges and his jail term is to begin on or before May 12.

Both sentences were the maximum allowed by law. Vernon County District Attorney Timothy Gaskell said the sentences reflect Rosborough's comments that the altercation Heisz started on Feb. 7 was not a "run of the mill bar fight."

"Clearly Mikeal was the catalyst behind the start of the physical confrontation that night," Gaskell said.

An argument between Mikeal Heisz and Kuykendall led to Heisz pushing Kuykendall backward in Pat's Corner Bar during the early morning hours of Feb. 7. Kuykendall fell over a bar stool and landed on the floor. According to court testimony, Mikeal Heisz was then helped off Kuykendall by David Heisz. Kuykendall was also helped up by David Heisz, who then then walked Kuykendall to the door. Once outside on the landing, a witness testified David Heisz pushed Kuykendall off the landing. Other witnesses said they saw David Heisz standing over Kuykendall making punching motions.

Pathologist Robert Huntington III said Kuykendall suffered facial bruises and cuts, a skull fracture, a subdural hematoma to the brain, seven broken ribs - four of which were broken in two places - and a liver injury. Huntington said the wounds were all the cause of blunt force trauma, which Huntington said was the cause of death.

Before Mikeal Heisz was sentenced 10 letters were read by Kuykendall's family. One letter was read by his father, one by his mother and three by his sister. Five more were read by the county's victim/witness assistant Roxann Scheel. The letters detailed how much Kuykendall is missed and how much he was loved.

Gaskell said the court received about 20 letters regarding Kuykendall.

David Heisz is next to appear in court for a status hearing on June 30.
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Cindy wrote on Jun 9, 2008 12:57 PM:

" What a light sentence for being involved
in the beating death of Kelly. The whole judicial system stinks and I don't see where he should get Huber privledges either. Make him sit for those 9o days. Being out on Huber is almost like living at home. He's only there to sleep! Keeping Kelly's family in my prayers. "

TO Sue wrote on May 7, 2008 1:54 PM:

" I agree. Although it is the ethical thing to do .. not to serve someone who is obviously out-of-control... I am sickened by the rampant lack of personal responsibility that is so widespread and seemingly encouraged by our society. It seems everything is everyone ELSE'S fault. By trying to blame everyone BUT the guilty, we take the attention off of the truly guilty. In this community, some seem to think that drunkenness is actually funny. It is NOT funny. It is among the most selfish of behaviors because it puts all the rest of our society in danger. How many peoples' lives have been ruined and even lost due to someone who is so selfish that they choose to drink and drive, or drink and commit some deplorable act? The way I see it, it makes people MORE guilty when they choose to drink themselves to the point that they don't have any control or judgement. We have to stop promoting this lack of personal responsibility. "

Sue wrote on May 1, 2008 2:56 PM:

" Well we don't live in La Crosse either! This is Vernon County and every county different on how they handle situations.Besides I don't believe the bartender should be held responsible, these men are adults and made the decisions that they did and now will have to pay for it, for the rest of their lives. "

Lynn wrote on May 1, 2008 2:15 PM:

" I'm wondering why the bartender isn't being held somewhat responsible for serving alcohol to obviously intoxicated people? La Crosse Cty is always quick to get on that train. "


The comments above are from readers. In no way do they represent the views of the Vernon Broadcaster.

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