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Snowstorm prevented Kuykendall

from going home on evening before death

Kelly Kuykendall wasn't supposed to be in Vernon County during the early morning when he died from wounds suffered in a beating outside of a Readstown bar, Feb. 7.

He had been in the area to visit his cabin and some friends near Readstown, but was supposed to return home to Beloit on Wednesday, Feb. 6.

A massive snowstorm in southern Wisconsin led him to stay overnight.

His employer, Amtec Corporation in Janesville, called him and told him they were closing for the night -- for the first time in their history. As the evening progressed, the blizzard Interstate 90/39 between Beloit and Madison.

After going out to dinner with friends, Kuykendall called home.

"He was (in Vernon County) because of the snowstorm," Kuykendall's mother, Patricia, said Monday, at the Vernon County Courthouse in Viroqua. "He called his brother in Janesville to and asked him, 'How much snow am I going to have to shovel when I get back?' We didn't know that was the last time he'd speak to anybody in the family."

On Monday, David A. Heisz, 26, pleaded no contest to second degree reckless homicide for pushing Kuykendall off a landing outside the front door of Pat’s Corner Bar in Readstown and then beating him as he lay on his back on the sidewalk. Kuykendall was pronounced dead of his injuries after his arrival Vernon Memorial Healthcare.

After Heisz was found guilty on Monday by Judge Michael Rosborough, Kuykendall's family did not want to comment on the verdict, saying they were reserving any public comments until after Heisz is sentenced. Sentencing has been set for Sept. 29.

The guilty plea came after amended information was issued in court changing the sentence structure from a Class B felony, which has a maximum jail term of 60 years in prison, to a Class D felony, which has a maximum jail term of 25 years in prison and up to a $100,000 fine. The hearing Monday was supposed to be a status hearing, but changed to a plea agreement on Friday, Heisz's attorney, Peder Arneson, said.

Rosborough said he was ordering a pre-sentence investigation in the case, which is to be completed by Sept. 2. Rosborough said the case now basically boils down to allowing both the state and defense "free to argue" over the sentence Heisz will receive.

Heisz showed no emotion at the podium when clearly saying "no contest" to the charge. Then Arneson quickly said that Heisz was pleading no contest as a way of preparing for any possible civil suit that could come at a later date.

A motion by Vernon County District Attorney Timothy Gaskell to revoke Heisz's bond was denied by Rosborough, who said Heisz had made all of his previous court appearances.

"I don't see a concern to revoke bond," Rosborough said.

It was the only point during the plea hearing in which audible dissension could be heard from about a dozen members of Kuykendall's family, who were sitting in a reserved area in the courtroom. Some of those gathered wore T-shirts with Kuykendall's photo on them that said, "In loving memory of Flatlander" -- Kuykendall's nickname.

During questioning by Rosborough, Heisz said he agreed with information in the complaint that says he pushed Kuykendall off a landing and beat him outside the front door of Pat's Corner Bar in Readstown during the early morning hours of Feb. 7. The incident occurred after an altercation inside the bar began with Heisz's cousin, Mikeal E. Heisz Jr., 28, pushing Kuykendall to the floor over barstools. Mikeal E. Heisz Jr. has already been found guilty of battery and disorderly conduct for his role in the incident.

David Heisz then led Kuykendall to the front door where witnesses said they saw Heisz push Kuykendall off a landing and saw Heisz punching Kuykendall while he was lying with his back on the sidewalk.

Although the entire event was reported to have happened in a matter of minutes, the injuries Kuykendall sustained during were massive. An autopsy found that Kuykendall suffered a skull fracture above the right ear, a subdural hematoma to the left side of the brain, multiple rib fractures, a sub scapular hematoma of the liver, swollen eyes and multiple scalp bruises. A number of Kuykendall's ribs were broken in more than one place. The pathologist who performed the autopsy, Dr. Robert Huntington III, said Kuykendall had injuries consistent with that of a being in a violent car crash.

According to the original criminal complaint, when questioned about the incident, David Heisz told investigators that he probably had 30 shots of liquor while out celebrating his birthday during the evening of Feb. 6 and the following morning.

"The shots were on top of the (beer and liquor) that he was also consuming," according to the complaint.

David Heisz told investigators he had little memory of what happened once he had walked with Kuykendall to the bar's front door.

When shown a photo of Kuykendall's face after his death, David Heisz said Kuykendall did not deserve the injuries that he sustained and didn't deserve to die.

"Maybe I lost it, I don't know," David Heisz is quoted as saying in the complaint.

Rosborough said he thought the sentencing hearing could be completed on the afternoon of Sept. 29.

"The defendant should come here prepared to go to prison," Rosborough said.

Heisz has two previous felony convictions for fleeing an officer in 1999 and burglary in 2000. He served county jail terms on both convictions.