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Published - Tuesday, April 01, 2008

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Gays Mills man enters not guilty plea in fatal bar fight


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VIROQUA, Wis. — A Gays Mills, Wis., man was bound over for trial Monday on a first-degree reckless homicide charge stemming from a bar fight in Readstown, Wis., in early February that left a Beloit man dead.

David Heisz, 26, then stood mute in Vernon County Circuit Court as a not guilty plea was entered on his behalf by Judge Michael Rosborough.
Heisz is accused of assaulting Kelly Kuykendall, 50, during an altercation Feb. 7 that started in Pat’s Corner Bar and spilled onto the sidewalk outside.

Kuykendall, who owned a cabin in the Readstown area, later was pronounced dead at Vernon Memorial Healthcare.

Three people testified Monday they saw part of the incident between Kuykendall and Heisz and his cousin, 28-year-old Mikeal E. Heisz, also of Gays Mills. But none claimed to have seen the entire chain of events.

Brad Alexander of Readstown testified he saw David Heisz give Kuykendall a “forceful” push off the bar’s front step, which would have sent him down about five stairs onto a concrete sidewalk.

Jeff Vandenbergh of Bloom City, Wis., said he saw David Heisz outside the bar standing over Kuykendall and making punching motions, but added he couldn’t tell if the blows actually landed.

Jesse Nash of Soldiers Grove, Wis., testified he saw David Heisz throw as many as seven punches while Kuykendall lay on the sidewalk.

Testifying by telephone, State Crime Lab Pathologist Dr. Robert Huntington III compared the injuries he found during Kuykendall’s autopsy to those seen after an automobile accident.

Kuykendall had facial bruises and cuts, a skull fracture, a subdural brain hematoma, seven broken ribs — four broken in two places — and a liver injury, Huntington said. He attributed Kuykendall’s death and all the injuries to blunt force trauma.

David Heisz’s attorney, Peder Arneson, asked Huntington if the injuries would be consistent with someone of Heisz’s size, about 250 pounds, falling on top of the 140-pound Kuykendall.

“Yes, if the fall were out of a second-story window,” said Huntington.

Rosborough set a June 30 status conference for David Heisz.

Mikeal Heisz also had a preliminary hearing Monday on a misdemeanor battery charge from the same incident. He pleaded not guilty.

Both Heisz cousins have been released on bail.

Matt Johnson is managing editor for the Vernon County Broadcaster in Viroqua.
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zen wrote on Apr 18, 2008 7:57 AM:

" So, what's been going on? Are these guys staying within the bounds of their bail restrictions? "

What the? wrote on Apr 17, 2008 7:06 AM:

" The silence is deafening. "

The Truth As It Is wrote on Apr 13, 2008 11:28 AM:

" mom123- please reference comments saying the victim of the readstown murder was involved in the applefest incident. i just went back and read what i believe are all applefest comments to only find that the perps in this case were mentioned as possibly being involved. although it is said that the alleged murderer in this case was not in town at the time. "

mom123 wrote on Apr 13, 2008 11:03 AM:

" It has been mentioned in some of the other comments since Feb. "

The Truth As It Is wrote on Apr 12, 2008 11:05 PM:

" mom123 - interesting. this is the first that i have read that this victim may be involved in the applefest incident. do tell, where did you gather your information? can't wait til h4s gives us the details of the criminal complaint she has. "

mom123 wrote on Apr 12, 2008 8:57 PM:

" From what I can gather, it was either Kelly or a friend of Kelly's, beating a woman at Applefest. A Heisz stepped in. "

The Truth As It Is wrote on Apr 12, 2008 2:58 PM:

" h4s - thanks. again you have my attention. please let us know how mike was involved in the applefest incident.
"

nemo wrote on Apr 11, 2008 8:08 PM:

" lynn.mariah
wrote on Apr 11, 2008 3:26 PM:

" Dave was not around during Applefest. "

Do you know any other details about Applefest? "

Boognish wrote on Apr 11, 2008 3:53 PM:

" This is what I believe will happen… Felony murderer will recover his memory from that night and roll over on misdemeanor murderer, to save himself a few years in prison. They both had blood on their clothes so I doubt one is less guilty than the other. "

lynn.mariah wrote on Apr 11, 2008 3:26 PM:

" Dave was not around during Applefest. "

Indifferent wrote on Apr 11, 2008 2:03 PM:

" The truth: Yes I have been doing a little poking around, I was told that the cousin on trial for murder was not there that night but mike was. Like I said this is 2nd hand knowledge and I do not know for sure on what is or isn't true.

Zen - Not all bartenders stay sober behind the bar, I am assuming that this bartender might not have heard the comment or that she was drinking and not paying attention. "

hearts4strong wrote on Apr 11, 2008 9:54 AM:

" Zen- I have wondered that as well. I am sure that they have one from the bartender, must be saving it for later in the case. I doubt though that I tender heard what was said between Mikey and Kelly though.
Truth as is- from what I remember of the apple fest deal Mike is the one that get into this guys face. I can’t remember all that he told me about the incident though. I called someone and asked for a copy of the criminal complaint for this incident and it’s in route to me. So today or by Monday at the latest I should have it in the mail.
"

zen wrote on Apr 11, 2008 8:28 AM:

" Wasn't the bartender right there? Wouldn't the bartender be one of the only few truly sober people to witness this exchange? Why don't I see any statements from the bartender? "

The Truth As It Is wrote on Apr 11, 2008 8:20 AM:

" Indifferent
wrote on Apr 10, 2008 11:05 AM:

"Applefest is still under investigation (this is what I was told), apparently a guy was beating the heck out of his girlfriend in the parking lot, and someone saw this and put a stop to it, beating him like he was beating his girlfriend. This is why nothing has come about from it; the guy who was beating his girlfriend has been seen doing this several times. This of course is not solid fact, is 2nd hand knowledge from a bartender who was there. What is factual or not I am not sure, and it does not sound like there is going to be any further police involvement. "

indifferent - been doing some asking around. i was told the guy doing all the beating was the same as who started this incident. is that possible? "

Boognish wrote on Apr 11, 2008 7:56 AM:

" It doesn’t matter what Kelly did or didn’t say or who he said it about, it’s just a B.S. excuse these murderers are using to justify their actions. And apparently they have used similar excuses to get themselves out of similar trouble before. Kelly is not on trial, and he committed no crime that evening. The only ones responsible for the grief this has caused for many people are these two thugs. This was eventually going to happen, if not to Kelly then someone else. "

zen wrote on Apr 11, 2008 7:44 AM:

" Based on the criminal compliant, there is not a consistent recollection of what the comment actually was that triggered Mike's pushing/hitting/whatever of Kelly. Since that was a key catalyst of the chain of events that night - I wish I knew exactly what Kelly said. Wasn't the bartender right there? Wouldn't the bartender be one of the only few truly sober people to witness this exchange? Why don't I see any statements from the bartender? "

nemo wrote on Apr 10, 2008 10:06 PM:

" I believe the point that "The Truth As It Is" is making, is that there is a huge probability that Mikeal took the comment the wrong way, just reiterating the fact that Kelly did not seem to have anything against Mike Sr. I do not know this as a fact, though, because I am going based on what I have read, as many of us are doing. I would think that Mikeal would have some sort of knowledge of someone helping out their father with a benefit, but I have no idea how long ago that was or the terms of it. "

hearts4strong wrote on Apr 10, 2008 9:38 PM:

" Truth as is: I have never said a word about which Mike Heisz Kelly could have been referencing to that night. I don’t have a clue; if Kelly was talking about Mike Sr. then yes I can understand why Mike Jr. got upset. If not then I don’t know. But I have never said one way or another about the comment and which Mike it was made about. "

The Truth As It Is wrote on Apr 10, 2008 8:54 PM:

" nemo
wrote on Apr 10, 2008 7:50 PM:

"The comment being the supposed derogatory remark towards Mike Heisz, which I still firmly believe was being directed towards the Mike Heisz standing right in front of him. Just saying."

h4s - i have read this a number of times in a number of blogs, - homemade knife donated to sr's benefit by victim - i believe by more than one writer. it sort of makes sense that someone would not do that - help a person, then speak negatively of the person.
"

hearts4strong wrote on Apr 10, 2008 8:44 PM:

" Criminal Complaint
“Mike indicated that he then grabbed Kelly but was unsure whether he tripped over the barstool but that they hit the ground and that Mike was helped up…” –
“None of the patrons or witnesses observed any injuries to Kelly from Mike punching or shoving Kelly to the bar floor. No patrons or witnesses observer Mike have any physical contact with Kelly outside the bar”.
So which way does the story go???
"

nemo wrote on Apr 10, 2008 7:50 PM:

" Taken from the Criminal Complaint:

"By all accounts, including statements taken from Mike and Dave Heisz, this comment enraged Mike because his father is terminally ill with cancer. Mike then confronted Kelly physically by either pushing him or punching him at which point Kelly fell backwards onto the bar floor."

The comment being the supposed derogatory remark towards Mike Heisz, which I still firmly believe was being directed towards the Mike Heisz standing right in front of him. Just saying. "

hearts4strong wrote on Apr 10, 2008 7:40 PM:

" Honestly, I chalk that up to bragging. Since I doubt Mike had any idea what happened to Kelly. I am guessing that he told Charlie what Kelly said about their dad and sounded tough. I only say this because there is not a person that saw Mike hit Kelly, so I am basing my IDEA on the “fact” that he didn’t hit Kelly. "

The Truth As It Is wrote on Apr 10, 2008 7:03 PM:

" indifferent - you may have missed this earlier - i do not believe h4s has refuted the post.

zen
wrote on Apr 7, 2008 12:04 AM:

" From the criminal complaint:
"Law enforcement spoke with Charles Heisz during the early morning hours of February 7th and Charles indicated that he had spoken to Mike that morning after leaving Pat’s Corner Bar. Mike told Charles that he had hit Kelly one time inside the bar." " "

Boognish wrote on Apr 10, 2008 5:42 PM:

" I call that being a bit sarcastic. Someone should beat me to death. Boy if I had that mentality, I’d want to beat me to death. Thought you weren’t going to correspond with me. "

Indifferent wrote on Apr 10, 2008 4:48 PM:

" FYI: says right in the paper Mike did not touch Kelly outside, David did get your facts straight there was no tag team, like I stated a hundred times before I go on the facts from the newspaper if Mike did not beat him he should not be charged for David's crime. No one can even say for sure if Mike hit or pushed him, how is that tag team? Especially when they said David did it outside and Mike was not there? Mike's punishment is in line with what he did. Mike and David are two different people! "

Indifferent wrote on Apr 10, 2008 4:44 PM:

" " Heasts4, wow 3:13 AM what, just coming home from the joint after kicking it with the homies? Yes, jugging by your incoherent babbling. Did you here more 100 proof truth from the homies? While people like hearts4 viciously slandered Kelly. While I may have been a bit sarcastic with hearts4 I have never called her names as you have claimed" Boognish what do you call that not childish name calling? "

Boognish wrote on Apr 10, 2008 3:19 PM:

" Thanks for giving me the last word Indifferent, and wow talk about the pot calling the kettle black. The facts today are the same as they were two months ago; Kelly’s dead from a vicious beating by two thugs twice his size and half his age, who tag teamed him. Then people like you came on here and tried to minimize what happened, or indicated he was asking for it. While people like hearts4 viciously slandered Kelly. While I may have been a bit sarcastic with hearts4 I have never called her names as you have claimed. And the only people I have used my colorful adjectives for are the sub-human diseased animal murderers. "

indifferent wrote on Apr 10, 2008 2:15 PM:

" As for my pervious comments I went off the facts and facts only of what was in the news and formed an opinion, like I have stated several times I will re evaluate my opinion when more facts come out. Boognish you are one of those ppl who stir the pot and get a sick kick out of it, like I said you jump to conclusion that are incorrect and make judgements based on things you twist when you read instead of taking them in the context they were wrote. Please do not address me again "

indifferent wrote on Apr 10, 2008 2:09 PM:

" Some of the comments you have posted have come off harsh twards Kelly, wether you meant them that way or not, that is why alot of ppl are jumping down your throat.If you read the facts I am sorry to tell you but he is guilty, and does deserve a harsh sentance. I know you don't want to see that but he obviously beat Kelly, you don't get injuries like that from falling. Unless its from at least 2 stories, not 5 steps "

indifferent wrote on Apr 10, 2008 2:05 PM:

" Also as loyal as you have been in defending and trying to understand the situation for David. Think of what Kelly's family is going through, Kelly is gone forever, take your rage multiple it be 25 and that is how his family is feeling. Which they have every right to be angry and upset and I can not even imagine what else. "

Boognish wrote on Apr 10, 2008 2:05 PM:

" Indifferent, you apparently value my opinion a lot more than I value yours. I don’t care if they didn’t go out with the intent to kill someone; they did. And according to their past history it was just a matter of time before they did. These sub human, murderers need to be removed from society forever, before they hurt or kill someone else. I am really glad to see Kelly’s family is showing up in force for all the hearings. You have been on here before trying to spin down their outrageous behavior and no one bought it. "

zen wrote on Apr 10, 2008 2:04 PM:

" H4S: "I know it’s easy to just pin something and this very well might be an open and shut case. But I think right now what needs to be determined is the strength of the penalty that Dave should receive."

You're right, and I respect your opinion (though I did not quote your actual opinion). However, the evidence overwhelmingly points to Dave brutally beating Kelly. Obviously this has yet to be proven in court. However, if he actually did beat Kelly to the extent that the evidence points to, I think a significant penalty should be applied. "

indifferent wrote on Apr 10, 2008 2:00 PM:

" hearts4: Try to look at it this way: A drunk driver hits and kills a person in another vehicle, he is charged with vehicle homicide. why, because he did not set out at the begining of the evening with the mentality of I'm going to kill someone tonight. Dave is charged with 1st degree wreckless homicide., why because he did not set out with the intentions of i'm going to kill someone tonight. If he had it would be 1st degree murder "

zen wrote on Apr 10, 2008 1:57 PM:

" H4S: "I do find some of the injuries hard to believe that Dave could’ve done them all, yet I am not trying to lay the blame elsewhere. It would be nice to just hear ppl say that he is INASENT UNTIL PROVEN GUILTY."

Where I see your point, I have to say that ultimately the evidence overwhelmingly points to Dave being the cause of all of these injuries. For instance, if he had simply pushed Kelly down the stairs and the fall lead to his death, he'd still be facing the exact same charges. "

hearts4strong wrote on Apr 10, 2008 1:45 PM:

" I know it’s easy to just pin something and this very well might be an open and shut case. But I think right now what needs to be determined is the strength of the penalty that Dave should receive.
Sometimes I think that is what ppl are fighting about, underneath, more so then if he did it or not. I don’t think that he should or probably will receive the max of 60years + 15 for it being his 3rd felony.
"

hearts4strong wrote on Apr 10, 2008 1:43 PM:

" The biggest thing I dislike is hearing how ppl seem to think that both Heisz boys need to be sent to jail. Had Dave stayed out of it I would doubt the cops would have even been called if mike at most hit Kelly. If they would have been he would have been given a ticket for disorderly conduct. (In my opinion)
I do find some of the injuries hard to believe that Dave could’ve done them all, yet I am not trying to lay the blame elsewhere. It would be nice to just hear ppl say that he is INASENT UNTIL PROVEN GUILTY.
"

hearts4strong wrote on Apr 10, 2008 1:40 PM:

" Indifferent- your comments have been the best I have read on this page. Thank you for that. In a lot of ways you’re right, the Dave and mike I know could never do this to anyone. I stand true to them never intending to harm Kelly. I understand that Brooke and Zen are family to Kelly and I could understand them coming down on my comments but even they had the respect not to demean or slander my name unlike another. You are VERY right that I’ll be crushed when this is all said and done because I do believe that Dave will probably end up with some jail time. "

Indifferent wrote on Apr 10, 2008 1:26 PM:

" boognish: tearing ppl down makes you no better than the animals you are refering to, hearts4 did not kill anyone and does not deserve the verbal abuse just because the opinion is not what you want it to be. Don't judge or label on what you think I am. I STAND BEHIND THE OPINION THAT WHEN THESE BOYS SET OUT TO CELEBRATE A BRITHDAY IT WAS NOT WITH THE MENTALITY OF I’M GOING TO KILL SOMEONE TONIGHT! "

Indifferent wrote on Apr 10, 2008 1:22 PM:

" Although as proven fact that is what happened, now the how is being established by the court of law as well as the Why will soon follow. From the get go I stated that I would form a judgement when the facts come out. I personally know some of the older generation of the Heiz family, but I do not know the younger ones. In explaining things nicely does not make me loyal to anyone. I am sorry that your lack of ppl interaction shows so poorly on here. Unless you can learn to be an adult I will waste anymore time on responding to you. Like I said take an example from Zen who can dispute opinions without being an a@#. "

Indifferent wrote on Apr 10, 2008 1:09 PM:

" Kelly tried to say something to the woman and due to the volume of a bar, especially with a DJ the woman either did not hear him, or was mad and simply ignoring Kelly. Either way I think he grabbed her shoulder to get her attention, more than likely to apologize for yelling at her for going behind the bar. Your regulars not only watch out for their bartenders but the business owner as well they like the establishment and want to continue to be patrons of the specific place. Kelly was a regular and I could be wrong, but I believe he was just trying to be helpful. "

Indifferent wrote on Apr 10, 2008 1:02 PM:

" Hearts4: to answer your question this is why I believe Kelly grabbed the women behind the bar.
Having years of experience as a bartender, one rule of thumb that you learn is that your regulars are your help. They help watch the bar for fights, stealing, underage ppl and general trouble. From my experience I believe that Kelly (being a regular) saw a woman go behind the bar, who was not supposed to be there, and said something about it. When the bartender got on Kelly and told him she ok'd the women to go behind the bar to get change
"

Boognish wrote on Apr 10, 2008 12:44 PM:

" Another one of the murderer’s loyal supporter trying to justify yet another one of their crimes. The more I hear about these two the more they sound like rabid animals. If I witnessed someone hurting another person I would of coarse try to stop them, but I also would immediately call the police. You see, that’s their job, and then the courts can decide his punishment. BTW, I took your tirade as a compliment, if my colorful adjectives are upsetting the good ole boys; mission accomplished. If someone in Kelly’s family would object to my colorful adjectives I would stop. "

Indifferent wrote on Apr 10, 2008 12:41 PM:

" I truly feel bad for you as well for the fact of; if Dave is guilty I think you are going to take that very hard. I am assuming that for you and how you know him to be, you are going to be crushed. Please try to see their point as well, and try not to be upset with outsiders making comments as well, even though they do not know the ppl involved they tend to be less judgmental on personal opinion and more on fact. "

Indifferent wrote on Apr 10, 2008 12:39 PM:

" I believe that horselover, zen and even boognish (in his childish manor) are just trying to get you to see that you are wearing blinders when looking at this manor. What I am intending to say is because you’re so close and because you know them to be great ppl who would do anything for you and not violent ppl, its hard for you to see the facts of this case as well. What you are typing is coming off as being twisted because you are trying so hard to justify what happened, to Kelly and how these two ppl who you know to be gentle could have done this. WHICH HAS NOT BEEN DETERMINED IN THE COURT OF LAW YET! I think they are trying to get you to consider the possibility that Dave is guilty, and you are not willing to consider that. "

Indifferent wrote on Apr 10, 2008 12:38 PM:

" hearts4: I understand your loyalty to this family, from the sounds of it they are family to you (blood or just in closeness). I agree with you that Dave and mike did not set out to celebrate a birthday with the mentality of I'm going to kill someone tonight. I also see where you’re struggling to try and make sense of what has happened. I know that you have been attacked about your questions and comments on here, but please take this into consideration. "

Indifferent wrote on Apr 10, 2008 11:05 AM:

" Zen: You now have my attention; the facts of the case are getting very interesting. Some information for you: Applefest is still under investigation (this is what I was told), apparently a guy was beating the heck out of his girlfriend in the parking lot, and someone saw this and put a stop to it, beating him like he was beating his girlfriend. This is why nothing has come about from it; the guy who was beating his girlfriend has been seen doing this several times. This of course is not solid fact, is 2nd hand knowledge from a bartender who was there. What is factual or not I am not sure, and it does not sound like there is going to be any further police involvement. "

Indifferent wrote on Apr 10, 2008 10:58 AM:

" Everyone is titled to their own opinion and everyone is entitled to make comments they're doesn't have to be name calling or demeaning. Take an example from Zen; he is good at disputing comments in an adult manor. "

Indifferent wrote on Apr 10, 2008 10:58 AM:

" Boognish: Wow from your age and what you say you have for education, you should be able to post and dispute others comments without being a jack@##. Obviously you do not deal with the public allot, Please try and post your comments with some maturity. Personally I am sick and tried of reading kindergarten name calling. "

Boognish wrote on Apr 10, 2008 8:47 AM:

" I agree, nothing can undo what has happened, but someone can prevent it from happening again, by removing these two from society for a long time. They have displayed zero remorse for what they have done, and I am confident they would do it again if given a chance. Zen, I believe Law Enforcement has done a stellar job for the community in this particular case. But the Judge has dropped the ball, with low bond and easing their restrictions. One of the things I can’t figure out though… how two people as insignificant as these two feel so entitled. "

zen wrote on Apr 10, 2008 7:42 AM:

" What more can be said? How about they both man-up, plead guilty and take the full punishment for the crimes they committed. Then perhaps Kelly's family can put Mikeal and David behind them, come out of this nightmare, and start the healing process for the loss of their son, nephew, brother, father, uncle, cousin and grandfather. "

lynn.mariah wrote on Apr 9, 2008 10:45 PM:

" What more can be said,

2 families where shattered on 1 fatal night. Nothing can undue or fix what has been done.

To Kelly’s family: I am sorry for your lost.

Dave said it all, ‘Even though Kelly made a derogatory statement in the bar, he did not deserve the injuries that he sustained or the subsequent death'.

To Dave and Mike: You both know how very much I love you both.

~Mariah
"

nemo wrote on Apr 9, 2008 10:18 PM:

" What the?
wrote on Apr 9, 2008 7:14 AM:

" What is up with the Apple Festival incident I read about in this blog and several others? What did ‘Mikey” do to Kelly’s friend? Anyone out there know? Is it of any value to this incident? "

I want to know more information on this too. "

hearts4strong wrote on Apr 9, 2008 7:57 PM:

" I see your point Zen. Thank you. "

zen wrote on Apr 9, 2008 7:31 PM:

" " 3). ...Ok how serious is this matter? Why did Crawford not go to their homes and either escort them to Vernon Co or take them up there; or give Vernon Co the jureadiction to go into Crawford Co to get them? "

My understanding is that law enforcement let them turn themselves in as a way of building trust with them. By not forcing the issue, Dave and Mike would feel comfortable telling their side of the story under the guise that they were not in serious trouble. I think it worked. "

hearts4strong wrote on Apr 9, 2008 5:27 PM:

" I have heard a lot of comments about the #2 posting. Yet with all of the complaining about law enforcement in the area I am shocked that no one said anything about the #3 posting. Not to mention I have not had any postings about the rest as well. Guess I am still looking at everything all wrong and therefore no one wants to comment on the “childish” or “stupid” views I have put up. Well thanks for your input! "

What the? wrote on Apr 9, 2008 5:21 PM:

" mom123
wrote on Apr 9, 2008 11:13 AM:

" To Zen in reference to 'what the?' I too have been wondering about the Apple fest incident. Any word for word details from the criminal complaint on what took place there? "

mom123 - Sounds like you may have some details. Care to share? "

Brooke wrote on Apr 9, 2008 4:31 PM:

" Conscience? Thank you!! I feel the same way. I keep telling myself to stop reading these but can't I feel the least I can do is stick up for my family. Especially Kelly since he is no longer here to defend himself. There is really nothing they can do to fix this but just wish they'd take responsibility for what they have done. I want the law to do what's right and would really like something from them expressing what they did was wrong. But that will never happen because honestly I feel as though they see they've done nothing wrong. "

Brooke wrote on Apr 9, 2008 2:22 PM:

" Nemo: Miranda is kind of confusing. At first they were only called in for an interview not an interrogation. So no at first I'm sure their rights weren't read to them . But if the investigator decided to start asking incriminating questions then they would have to read them their Miranda rights. BUT (like in this situation) if the suspects decided to talk without any leading or incriminating questions from the investigators then no their Miranda didn't have to be read right away. Which I'm sure sometime throughout the interviewing process Miranda did eventually come into play.

"

conscience? wrote on Apr 9, 2008 2:00 PM:

" Brooke- I am so sorry that this happened to your family. I get so pissed off reading comments that defend these two, and I don't even know anyone involved. I can't imagine what I would do if this was a relative of mine. Hopefully something good will come from all of this, although I can't imagine what it would be. "

nemo wrote on Apr 9, 2008 1:38 PM:

" this is probably slightly irrelevant, but when they're told that they need to go in for questioning or w/e they had to do, do they get their Miranda Rights read to them? i'd almost think they would have to or something if they are being questioned for murder. obviously these two were either not bright enough or under some influence to not keep their mouth shut about what they did without an attorney present...basically laying themselves out for jail and confessing to what they did. that question of man 1 or man 2 says right there that David is guilty of murdering Kelly...at least in my eyes. brooke was right when she said that he "talked and talked" and that he'd be the star witness to solving this case. "

Boognish wrote on Apr 9, 2008 1:09 PM:

" I recall the first time this horrible crime was reported on TV; the two murders had smug smiles on their face, looking proud of what they had done. Then, the next day I read the article in the paper with the subsequent remarks, particularly from Hearts4, who’s slanderous remarks were removed, but I’m certain were seen by Kelly’s grieving family. And I remember thinking… these two morons and their follower don’t think they have done anything wrong! Now to read some of the Criminal Complaint that has been posted here, they act as though they haven’t committed a horrible crime. The irony of the whole thing however is quite funny, because their arrogant ignorance is what will put at least one of them in prison for quite some time. "

zen wrote on Apr 9, 2008 11:47 AM:

" " To Zen in reference to 'what the?' I too have been wondering about the Apple fest incident. Any word for word details from the criminal complaint on what took place there? "

There is no mention of the crime committed during Apple fest in the complaint for the crime(s) commited on February 7th. However, I'm sure documentation does exist... somewhere. "

mom123 wrote on Apr 9, 2008 11:13 AM:

" To Zen in reference to 'what the?' I too have been wondering about the Apple fest incident. Any word for word details from the criminal complaint on what took place there? "

nemo wrote on Apr 9, 2008 10:27 AM:

" oh, and HAHAHA to Brooke's comment, you're awesome :) "

nemo wrote on Apr 9, 2008 10:26 AM:

" Way to go Zen!!! Way to put the "whole story" to hearts4strong's "partial story". I'm up at 7 and comment and 3 hours later so much has been said!!! Anyone maybe know who the woman was that Kelly put his hands on? "

Brooke wrote on Apr 9, 2008 9:47 AM:

" And that female would be Katie Mikeal's girlfriend. Katie sits in the court room rolling her eyes at my family as though we just ruined her and Mikeal's life. Well wish she'd get a reality check because if anything she should be mad at is her lovely boyfriend and his bully cousin. They're the reason she and Mikeal can't have a "perfect life" LOL.. Maybe she should consider a new boyfriend that isn't a screw up. We all know that this isn't the end.

"

zen wrote on Apr 9, 2008 9:37 AM:

" " Truth as is: Zen’s postings were accurate, missing a few words here and there, but no different than mine. "

There were only missing words directly before and directly after, none in between. "

Brooke wrote on Apr 9, 2008 9:32 AM:

" I know one of the women's statements won't be creditable because she was on TV the next day saying how she was "outside" and seen Kelly and David fall from the door to the street. Impossible when there is a porch about five steps and then a sidewalk before you reach the street. Anyways she went on TV so end of case she's not creditable. As for the other female I couldn't tell ya.

"

hearts4strong wrote on Apr 9, 2008 9:20 AM:

" Truth as is: Zen’s postings were accurate, missing a few words here and there, but no different than mine.
Nemo/Justitia: you could be very right, maybe he was grabbing here to say, sorry or to question something about what he was upset about. Nemo: I think that would be a good thing to do, maybe words were said to her that would tell us one way or another how he was responding.
In the criminal complaint it also said that Dave and Mike were with two females, I am surprised that there are no statements that have YET been released on what they saw.
"

What the? wrote on Apr 9, 2008 7:56 AM:

" wow "

zen wrote on Apr 9, 2008 7:52 AM:

" Having questions is good, including full context is better. "

zen wrote on Apr 9, 2008 7:46 AM:

" From the criminal complaint:
Mike noted that Kelly was bleeding but appeared to be still moving. Mike believed that Dave fell on top of Kelly and that Kelly took the brunt of the blow. Mike stated that he did not see Dave punch the guy nor did he see anyone kick or stomp Kelly. Mike agreed that Kelly never physically confronted him or Dave and that Kelly never threatened him or Dave.

Mike stated that after he got up off the bar floor, he never touched Kelly again. Mike indicated that there were a couple of people outside before he got out there, and that it was possible that Dave could have punched Kelly before Mike got outside. "

zen wrote on Apr 9, 2008 7:43 AM:

" From the criminal complaint:
Dave acknowledged that in his intoxicated and enraged state, he could have pushed Kelly backwards down the steps. Dave stated that he could have punched Kelly but knows for sure that he did not kick him. When asked if he was sure that he didn’t remember anything from the time they hit the door until he was on top of Kelly on the pavement, Dave consistently indicated he did not know what happened. Dave did recall that he raised up his arm and cocked it with his fist closed in a punching motion, but does not recall punching Kelly. Dave subsequently indicated that he probably punched Kelly in a “pi$$ed off rage”. "

zen wrote on Apr 9, 2008 7:41 AM:

" From the criminal complaint:
When asked if he could have punched Kelly outside, he stated “I might have punched him” but he did not recall. He indicated that if he did hit him he would have struck him in the face. When asked why he would punch Kelly when Kelly was down on the sidewalk when he claimed that his intent was simply to get him out of the bar, Dave indicated that he may have hit Kelly out of “rage”. Shortly thereafter, Dave admitted that “I could have lost it.” "

zen wrote on Apr 9, 2008 7:39 AM:

" From the criminal complaint:
Dave indicated that Kelly was standing and backpedaling on his own out of the bar and that once they hit the pavement, Dave believed Mike picked him up. Dave indicated that he was on top of Kelly straddling him while they were on the sidewalk. Even though Dave claimed from the door to the sidewalk was totally black and that he did not remember anything, he stated that Kelly may have lost his balance and that when he was falling backwards, he grabbed me and we both went down. Again, Dave said all he remembered was hitting the door and then hitting the sidewalk and was unable to remember the fall or the cause of the fall. "

zen wrote on Apr 9, 2008 7:35 AM:

" From the criminal compaint:
On February 7, 2008, Dr. Robert Huntington performed an autopsy of Kelly. Dr. Huntington’s findings were that Kelly died from blunt force injury which included: 1) Bilateral swollen “black eyes”; 2) Right petrous ridge fracture (right skull fracture above the right ear); 3) Subdural hematoma to the left side of the brain; 4) Multiple scalp bruises; 5) Multiple right rib fractures; 6) Subscapular hematoma of the left liver.

Dr Huntington opined that the injuries were “quite consistent with homicidal assault.”
"

zen wrote on Apr 9, 2008 7:34 AM:

" From the criminal complaint:
...Dave said that “Mikey went off” and I grabbed Mikey off the guy and I grabbed the guy to take him out of the bar. Dave recalled taking the guy by the chest area and backpedaling him to the door but once they got to the door, Dave said the next thing he recalled was being on the pavement on top of Kelly. Dave indicated “it was a straight fall” after the door opened. Dave indicated that both of his knees were scuffed, his left hand was scuffed, and his left elbow had a small laceration. Dave indicated that he was just trying to get the guy away from his cousin. "

zen wrote on Apr 9, 2008 7:32 AM:

" From the criminal complaint:
Law enforcement observed small amounts of blood on Dave’s pants and when Dave was asked if there was any other blood on him, he indicated there was blood on his right hand around the knuckle area. Dave agreed that if he punched Kelly while Kelly was on the sidewalk, he probably hit him in the face.

"

zen wrote on Apr 9, 2008 7:28 AM:

" From the criminal complaint:
After obtaining information that Dave and Mike Heisz were involved in the altercation with Kelly, Vernon County requested assistance from Crawford County in trying to locate Dave and Mike Heisz who live in the Gays Mills area. Crawford County officers were able to locate both Dave and Mike Heisz, and upon contacting Dave Heisz, Dave made the comment as to whether he was going to be charged with Man 1 (manslaughter) or Man 2. The Crawford county officers indicated they did not know but that the Heisz’ needed to contact Vernon County law enforcement. "

zen wrote on Apr 9, 2008 7:27 AM:

" From the criminal complaint:
Witnesses reported at the scene, and consistent with the interviews subsequently completed by investigators Bjerkos and Sutton over the course of the next four days, that Kelly became upset with a bar patron who had gone behind the bar and obtained change for a dollar. Kelly was upset that the female had gone into the till and Kelly was then complaining to the bartender. The bartender then informed Kelly to settle down and the female who had gone behind the bar walked by and Kelly grabbed her by the shoulders. At that point, Mike intervened and Kelly asked “who the hell are you”?, and Mike responded “I’m a Heisz boy” at which point Kelly said that he knew a Mike Heisz and that he was a “piece of s##t”.
"

What the? wrote on Apr 9, 2008 7:14 AM:

" What is up with the Apple Festival incident I read about in this blog and several others? What did ‘Mikey” do to Kelly’s friend? Anyone out there know? Is it of any value to this incident? "

Geesh wrote on Apr 9, 2008 7:09 AM:

" Gone for 4 days and I see this conversation is in the toilet. Hearts needs get a life as it's not to hard to figure out she has a childish fantasy mental state. QUIT FEEDING THIS TROLL! Are all blogs/comment pages at the LT this childish?? To bad there wasn't a moderator for just pulling off the idiotic posts. H4S has posted 90% of them in the past 4 or 5 days.(was going to say she needs to grow up be we all know better)
Geesh "

nemo wrote on Apr 9, 2008 6:59 AM:

" Justitia...I completely agree with you!! From what I know of Kelly, he would NEVER EVER lay his hands on a woman with the intentions of doing something rash to her. Once again, another thing that was probably misinterpreted that night, like the supposed comment about Mike "Sr." when it was really most likely directed to the Mike standing right in front of him. "

Boognish wrote on Apr 9, 2008 6:37 AM:

" So explain to me counselor; how did Kelly go from alive to dead when the only ones to touch him were the two sub-humans? "

Justitia wrote on Apr 9, 2008 12:06 AM:

" Maybe he grabbed her to apologize to her and it was interpreted as a hostile gesture?? "

mom123 wrote on Apr 8, 2008 11:29 PM:

" To What The? - - boognish is being sarcastic, as he has been for weeks now.

Hearts4 - - - I've gotta hand it to ya, that's more than loyalty or 'riding for the brand'. "

What the? wrote on Apr 8, 2008 11:16 PM:

" Boognish: Are you suggesting there may be a connection between the murder in Readstown and the LaX river drowning of students? "

nemo wrote on Apr 8, 2008 10:20 PM:

" the only thing i want to comment on, as of right now, is statement #2 by hearts4strong. how do we even know what Kelly's intentions were when grabbing that woman's shoulders? we have no idea because he is not around to tell us...maybe that woman had words exchanged with him and she should maybe be questioned? i don't know...just putting it out there. "

The Truth As It Is wrote on Apr 8, 2008 8:24 PM:

" The Truth As It Is
wrote on Apr 7, 2008 7:28 PM:

" hearts4strong
wrote on Apr 6, 2008 10:37 PM:

" Zen, you must be from the area since the only way you could have gotten criminal complaint records would be to go to the Vernon county court house. I called in a favor and will have a copy of all of them waiting for me to pick up. I can’t wait to see how the writing will compare. "
h4s - way to go! now you have my attention! have you had a chance to read them yet? how did it compare?
h4s - any revelations on what Zen has been posting from the criminal complaint? "

hearts4strong wrote on Apr 8, 2008 7:58 PM:

" Nope, sounds like you cracked the case tho! guess you don't have any input into the qustions that i posted. "

Boognish wrote on Apr 8, 2008 7:50 PM:

" I think the murderers should fire their lawyer and hire you. So explain to me counselor; how did Kelly go from alive to dead when the only ones to touch him were the two sub-humans? Ahhhhh the one armed man. Maybe it the person who has been chucking college men into the river, he has just changed his MO. Brilliant!!!! You have cracked the case. "

hearts4strong wrote on Apr 8, 2008 7:13 PM:

" 9). I have more questions about what I read but I want to see what ya’ll have to say in regards to what I have posted so far. But I have a fair guess on the comments that will be posted in following. There should be 9 postings in all. "

hearts4strong wrote on Apr 8, 2008 7:10 PM:

" 8). How does Kelly’s liver get so badly beaten up in this rumble? If Dave is on top, I don’t see how he could have hit Kelly on the underneath of Kelly’s body. I have been racking my brain trying to think if there would have been anything that he could have hit on the way down, other than stairs, to do that type of damage. I can’t think of a thing. "

hearts4strong wrote on Apr 8, 2008 7:09 PM:

" 7). Now I could see those types of injuries to someone that has been kicked repeadley. In the statement “Mike stated that he did not see-anyone kick or stomp Kelly”. There are no witness reports of seeing that happen either. Makes me wonder if there would be a reason to why the investigator would ask them that question. I am wondering if maybe there was some type of markings on Kelly’s cloths or his body to indicate he had been kicked. "

hearts4strong wrote on Apr 8, 2008 7:08 PM:

" 6). “Dave indicated that he was on top of Kelly straddling him while they were on the sidewalk”.
Dave is Right hand dominated, all ribs fractures where done on the right hand side. That is a lot of damage for someone to do with their left hand (think about how most of us fight; then think about being on top of someone and hitting there ribs with your left hand) it’s not an easy chore to break a rib yet alone 7 of them; 4 in 2 places, with your opposite hand on top of that.
"

hearts4strong wrote on Apr 8, 2008 7:07 PM:

" 5). Dr Huntington. “ 1) Bilateral swollen “black eyes”; 2) Right petrous ridge fracture (right skull fracture above the right ear); 3) Subdural hematoma to the left side of the brain; 4) Multiple scalp bruises; 5) Multiple right rib fractures; 6) Subdural hematoma of the left liver. "

hearts4strong wrote on Apr 8, 2008 7:06 PM:

" 4). “Law enforcement observed SMALL amounts of blood on Dave’s pants” – “Dave indicated that both of his knees were scuffed, his left hand was scuffed and his left elbow had a small laceration”. So I am just wondering if the small amount of blood on Dave’s pants where possibly his own? I am going to GUESS that he might have received those markings from falling down the stairs along with Kelly. "

hearts4strong wrote on Apr 8, 2008 7:06 PM:

" 3). “Vernon County requested assistance from Crawford County in trying to locate Dave and Mike Heisz who live in the Gays Mills area. – The Crawford county officers indicated the Heisz’s needed to contact Vernon County law enforcement”. Ok how serious is this matter? Why did Crawford not go to their homes and either escort them to Vernon Co or take them up there; or give Vernon Co the jureadiction to go into Crawford Co to get them? "

hearts4strong wrote on Apr 8, 2008 7:05 PM:

" 2). I have read and re-read what was in the criminal complaint and it has raised a lot more questions in my mind about what happened that night. “The bartender then informed Kelly to settle down and the female who had gone behind the bar walked by and Kelly grabbed her by the shoulders”. So Kelly did have a physical confutation with someone that night just not with the Heisz’s. So I would not say Kelly is 100% innocent. "

hearts4strong wrote on Apr 8, 2008 7:04 PM:

" 1). There will be a few more postings to follow this one. I have questioned some of what I thought to be true and also would like to point out some things that crossed my mind. Please keep an open mind when you read what I have written. These are nothing more than guesses and assumptions in some parts; in trying to put this puzzle together. "

Justitia wrote on Apr 8, 2008 6:25 PM:

" They have already admitted guilt. Sounds to me like the "until proven guilty" has already happened. "

horselover wrote on Apr 8, 2008 4:38 PM:

" You are right h4s, they are innocent until proven guilty but to make comments about the deceased is WRONG....to assume these 2 thugs are innocent isn't what the story says. I don't know anyone involved, but my heart goes out to Kelly's family as he will no longer be here, EVER....on the other hand these 2 get to go on with life, after taking a life....just not right. By the way, Kelly isn't on trial, these 2 are the ones being judged by society. "

hearts4strong wrote on Apr 8, 2008 3:11 PM:

" Please tell me how me saying that Kelly was not well liked and you calling Dave and Mikey murders is any different? Or did you forget, “innocent until proven guilty”. I must have missed the headlines that said they were both convicted of their crimes. "

conscience? wrote on Apr 8, 2008 3:07 PM:

" Boognish- Can you even imagine the public outcry if Dave gets a sweet deal? I hope public officials have taken note of what most people have said and hold him responsible for what he has done. "

Boognish wrote on Apr 8, 2008 1:43 PM:

" Wow, I don’t believe I have ever had any of my comments deleted from this page. Of coarse I don’t post slanderous lies either. BTW hearts4; have you had chance to look over that criminal complaint yet? Maybe make some notes, give a few suggestions to the defense attorney, possibly use your influence and connections in the area to get a sweet deal for the murderers. "

horselover wrote on Apr 8, 2008 10:27 AM:

" You have made your opinion clear h4s, maybe you do feel attacked but look at some of the things you have said.....really, you brought this on yourself. They brought this on themselves. I realize their family had difficulties too at that time BUT did it help by what they did??? NO!! I'm sure they caused saddness and shame to Mike Sr. Then to try to use that as a reason they did that to Kelly??? Or, was that just something that they thought up on their own for sympathy....it's a sad story all the way around. "

hearts4strong wrote on Apr 8, 2008 9:27 AM:

" I very much doubt anything I say will change anyone’s mind. I am viewed as just as bad of a person for not convicting them right off the bat. Which is sad because I would like to think that I should have every right to state what I think and how I feel and I don’t have a problem also using what has been reported to raise questions about the case. What I don’t understand is why I must get degraded in the mean time. "

hearts4strong wrote on Apr 8, 2008 9:19 AM:

" *Nemo- I agree with what Brooke said about there being more to come!! I have never disputed that fact. As I said before I have talked to them both since this all happened but have not talked to either of them about this case. They have enough other ppl questioning them about it I don’t need to be one of them. I am sorry if you have a problem with me keeping my mouth shut about certain things that have been told to me. Even if I did talk about them what difference would it make? Everyone on here seems to have their beliefs on what took place that nite anyways. "

nemo wrote on Apr 8, 2008 8:38 AM:

" oh you wait until you read those papers. you will find out WAY more than what your little buddies have told you. funny how you seem to know SO much about this, yet you all haven't talked about it at all. and as brooke said earlier, there is much more to come. "

hearts4strong wrote on Apr 8, 2008 7:21 AM:

" LOL. Your comments are better than morning coffee!! "

Boognish wrote on Apr 8, 2008 7:04 AM:

" Justitia, all intelligent, non brain damaged alcoholic bar flies know that. The thing I’m worried about is after the fat waste of skin is convicted, and sent to prison for the rest of his life. Hearsts4 is going to call in a favor from the governor and have him pardoned. "

The Truth As It Is wrote on Apr 7, 2008 7:34 PM:

" hearts4strong
wrote on Apr 7, 2008 4:33 PM:

" My reason: The DA has already offered them both a nice lowered plea bargain. I am sure we’ll see another one come June. I doubt that they’ll take it then either. I guess only time will tell. "
h4s - are you saying that they are not going to take the plea bargains from the DA? they will stay with not guilty? "

The Truth As It Is wrote on Apr 7, 2008 7:28 PM:

" hearts4strong
wrote on Apr 6, 2008 10:37 PM:

" Zen, you must be from the area since the only way you could have gotten criminal complaint records would be to go to the Vernon county court house. I called in a favor and will have a copy of all of them waiting for me to pick up. I can’t wait to see how the writing will compare. "
h4s - way to go! now you have my attention! have you had a chance to read them yet? how did it compare?

"

horselover wrote on Apr 7, 2008 6:33 PM:

" Justitia, that is part of the minimizing tactic she uses to justify in her mind that what they did was not wrong. I find it appauling that anyone would say something so childish regarding the death of a human being, excuse me, I mean any adult would say something like that.
"

Justitia wrote on Apr 7, 2008 5:54 PM:

" hearts4strong
wrote on Apr 7, 2008 4:29 PM:

"Too bad if you didn’t like the fact that I stated about Kelly." (RE: that he was not well liked in the area) I don't think you can call that a fact. That is a matter of personal opinion. A lot of people did like him. Just for the record. "

mom123 wrote on Apr 7, 2008 4:47 PM:

" boognish, did you lose someone that you cared for in a fight or murder? You seem to have a personal vendeta in finding Heisz guilty. Just curious. "

hearts4strong wrote on Apr 7, 2008 4:33 PM:

" My reason: The DA has already offered them both a nice lowered plea bargain. I am sure we’ll see another one come June. I doubt that they’ll take it then either. I guess only time will tell. "

hearts4strong wrote on Apr 7, 2008 4:29 PM:

" Say as you like dear, you think and feel the way you do and you’ll never open your eyes to any other possibility. Your kind makes me happy every day that I am not like that. I never try to judge another till I find out for myself what they are like. You can think of me and my friends as you like I really don’t care. I am not the one that is on trial. Too bad if you didn’t like the fact that I stated about Kelly. You have nothing to grab a hold of so you stick to your guns of making me the bad person and calling others names. I don’t think that you will end up seeing the result that you are looking for in this case. "

Boognish wrote on Apr 7, 2008 12:49 PM:

" A family suffers a tragic loss at the hands of your two cowardly friends, they haven’t even laid him to rest and you are saying he wasn’t the most like person in the area. What kind of cold hearted witch are you? Then, you have the nerve to comment on the adjectives I use for your murdering friends and their ilk. You keep referring to “the people of the area” like you are their representative. Well you represent only a small minority of the people in the area. The bar flies that drink themselves retarded every night. As a matter of fact, if I found out your name, I would also find out you are the town joke. As to when you lie… Pretty much every thread you have contributed is a lie! Common among sociopaths. "

Brooke wrote on Apr 7, 2008 12:46 PM:

" Okay then. The name was just getting thrown out there so I just thought I'd be the one to ask if that was you or not. Nothing was meant by it. "

hearts4strong wrote on Apr 7, 2008 12:13 PM:

" That would be the one and the same I am talking about. I have not seen her around for a while tho. I do know that she is good friends with the hole family as well. "

hearts4strong wrote on Apr 7, 2008 12:09 PM:

" There are only a few people that I know of that are semi-close to the Heisz’s that live in Westby, one of them is a girl. Since I am a girl, I am guessing that you have me pegged as that girl. She played pool league with Mike Jr/Sr, Charlie and had Dave on her team last year if I rember rite. "

Brooke wrote on Apr 7, 2008 12:06 PM:

" No nothing by it was just was asking. And I'm not trying to find you by all means I just came across someone and thought maybe it was you. I want to say Mariah Lynn I think was the name if I recall. But it doesn't matter. "

hearts4strong wrote on Apr 7, 2008 11:58 AM:

" Brooke- there is no real reason for the name. When had to enter a user name I went through a few of them and they were taken so I settled on this one. Westby is not where I call home. I have spent time there though. May I ask why you are so interested in my user name? I am guessing that you must think you know who I am. Well you’re going to have to look in another town. "

Brooke wrote on Apr 7, 2008 10:14 AM:

" Hearts4strong: Can I ask why you call yourself this? Does it have a certain meaning? And where are you from? Your not from Westby are you? "

hearts4strong wrote on Apr 7, 2008 9:44 AM:

" Really, I am so glad that you know that. By the comment I made I meant that I won’t have to wait around for them to look up the case and pay the fee for them like most people would. You put a smile on my face for the morning thank you!! ;) I would like to know why you think people around here are not real smart? . < Rocket scientists> Please show me where I have lied. I really got to know, does it make you feel smarter, better or like the bigger person to call ppl such names?? "

Boognish wrote on Apr 7, 2008 7:25 AM:

" Funny thing about stupid people, they never know when to shut their pie hole. Which is quite apparent with this murderer. You see hearst4, I used the word “hole” Now if I wanted to say… “Not one of them saw the (whole) thing” not hole thing. I learned that in Grammar school when I was 7 or 8 YO. "

Boognish wrote on Apr 7, 2008 6:51 AM:

" Hearts4 you so full of s#%t, you don’t need to call in any favors to get a copy of the criminal complaint. Just go down to the court house and pay your fee. Anyone can, its part of the public record you BS’er. You don’t have any addition information either, or the “truth” as you say. Maybe some bar fly BS, from the gin mill where you hang out, with the rest of the rocket scientists. The only thing you proven over the past few days is you are a liar. "

nemo wrote on Apr 7, 2008 12:52 AM:

" Yeah, maybe he didn't intend to murder Kelly that night, but he still is being charged for it...and he will get his time in jail, like he rightly deserves for murdering an innocent man. As for Mikeal...I strongly feel that the Mike Heisz Kelly supposedly talked of was the one standing right in front of him, not the father. Once this is over, Mikeal will have to live with the fact that he was the one who not only got himself put behind bars, but his cousin too, because if he hadn't acted out, none of this would have happened. "

nemo wrote on Apr 7, 2008 12:45 AM:

" And now for a little clarification. David is being charged for reckless homicide. The definition of that is

(a) person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some individual, and he performs them recklessly, except in cases in which the cause of the death consists of the driving of a motor vehicle, in which case the person commits reckless homicide.

(b) In cases involving reckless homicide, being under the influence of alcohol or any other drug or drugs at the time of the alleged violation shall be presumed to be evidence of a reckless act unless disproved by evidence to the contrary.
"

nemo wrote on Apr 7, 2008 12:43 AM:

" Wow, I absolutely love how it was questioned as to where Zen is getting the facts when the poster flat out says that it's from the Criminal Complaint. I can't wait for you, hearts4strong, to see what those papers say, if you get a copy of them, because then you will know the REAL truth. "

zen wrote on Apr 7, 2008 12:04 AM:

" From the criminal complaint:
"Law enforcement spoke with Charles Heisz during the early morning hours of February 7th and Charles indicated that he had spoken to Mike that morning after leaving Pat’s Corner Bar. Mike told Charles that he had hit Kelly one time inside the bar." "

hearts4strong wrote on Apr 6, 2008 10:37 PM:

" Zen, you must be from the area since the only way you could have gotten criminal complaint records would be to go to the Vernon county court house. I called in a favor and will have a copy of all of them waiting for me to pick up. I can’t wait to see how the writing will compare. "

hearts4strong wrote on Apr 6, 2008 10:36 PM:

" Sorry sweetie I didn’t have to look it up. I took all of my 101 classes 6 years ago and some of them were just for fun not needed for my course of study. I do short hand a lot of what I write in due with texting and IM more than anyone person should. Just because you’re unhappy that I won’t reveal what you’d like to know does not mean that I am a mouth. Quite the contrary, I don’t mind keeping it shut when need be. "

Boognish wrote on Apr 6, 2008 9:35 PM:

" I have never pointed out your poor spelling, and mine was a typo not blatant misspelling. I have also used here when meant hear. But I don’t use rite when I mean write or bizzy for busy, I could go on and on. My sociology class was 30+ years ago. I see you had to look the word up though; bravo you are beginning to learn. Let me know when you can back up your BS. But I think it’s apparent you are nothing but a mouth. "

hearts4strong wrote on Apr 6, 2008 8:27 PM:

" Justitia, I am sooo sorry, I meant for that comment to be towards ?justice?. Once again, sorry for my mistake.
Boognish- I am not the one that can’t think of anything to say other than cutting down other ppl that you don’t know. I would like to know how that makes ME the narrow minded one. Oh just a note for you BOOGNISH – it’s spelled * Sociopath* (psychopathic personality, whose behavior is antisocial and who lacks a sense of moral responsibility or social conscience).
- Not scociopath. Just so when you get a quiz in your 101 class you know how to spell it right, and since you love to point out my spelling errors.
"

Boognish wrote on Apr 6, 2008 7:15 PM:

" I know everything about you H4; you have told me in all your posts… You’re a narrow minded scociopath with a big line of BS and nothing to back it up. "

Justitia wrote on Apr 6, 2008 7:04 PM:

" hearts4strong
wrote on Apr 6, 2008 3:13 AM:
"Justeta you make me sick!!! You are not from here and you have never knowen the true meaning to “riding with the brand”. I feel sorry for you. I hope that some time during your life you will understand what that means."
What did I do to you to make you so angry?? How do you know I am not from "here"? I don't need anyone to feel sorry for me so you can save the pity for yourself. "

hearts4strong wrote on Apr 6, 2008 6:23 PM:

" Boognish- if you wish to know the truth you will have to learn on your own, as I stated before it’s not my place to talk about details that happened that night. If others wish to come on here and talk of them that is there prerogative. If you knew who I was you would, as everyone else does, know that I don’t say within a 30mile area of where I live. I hang out from Eau Claire-La Crosse to about Madison and PDC along with everywhere in between.I have never had to stay in just one click and hang only with the same ppl all the time. But once again you are back to making the judgments you so love to make about ppl. Glad to know that you think I fit into a case from your 101 class since you don’t know a thing about me. "

Boognish wrote on Apr 6, 2008 5:57 PM:

" Right at the top of Zen’s post it says “From the criminal complaint” its part of the public
record. I remember in Sociology 101 we talked about people like you, who only identify themselves with very small social groups. I don’t, and knowing just 30 miles away a couple of nut bars are running lose bothers me. I know there is the mentality of some people in Gays Mills that you can write your own rules; but can’t. You live in Vernon County Wisconsin in the United States of America. And you have to abide by laws of the country. Now shut up or put up, what’s the truth you keep babbling about.
"

hearts4strong wrote on Apr 6, 2008 4:52 PM:

" (part 2) I am not yet sure how this matter really has a whole lot to do with you, but maybe you are also posting on the blog about the standoff that happened last week not far from Readstown as well. I think that it’s funny Zen can’t proved where they got that phrase. I know this must be big talk to you but here we don’t sit and talk about it, there are many other things more important going on now and until it goes back to court again I doubt you’ll hear much talk of it in the area unless you come down here and ask around, but even then I wonder if people would talk to you since you’re an outsider. "

hearts4strong wrote on Apr 6, 2008 4:50 PM:

" Boognish, I have grown weary of listening to your comments about nothing. I don’t need to post what is a known fact around here about the way things happened that night. You will see the puzzle come together in time. I don’t know what the outcome maybe but I am going to hope for the best and have faith in our justice system. Since you’re from French Island I very much doubt you have any need to lose sleep over this. (part 1) "

Boognish wrote on Apr 6, 2008 3:05 PM:

" Heart4, you said you had the truth. Has Zen posted the truth??? I think so, right out of the criminal complaint. So what were the bar stool lawyers talking about last night? The truth? Come on, fill us in, Zen did. Don’t you have anything to add? A cop friend of mine told me, criminals always think that breaking the law is OK as long as they have a good reason. Is that what you are saying??? It’s OK to kill someone as long as you have a good reason? "

horselover wrote on Apr 6, 2008 12:42 PM:

" To: "think before you talk...." that was already addressed. I think there is more to your comment than just that...another friend/relative to h4s perhaps??? Get over the spelling. Hearts4s, you have improved your spelling to some degree, so I again apologize for the comment questioning your age.
In addition to contacting the DA, this could also go before the state if the DA can't handle it, only takes a phone call.
As for "riding with the brand" and loyal friends, well commoradery does not induce violence or support it. Sorry you feel that way....we refer to them as "gangs", "hoods". True friends are brother's and not violent. Intended may not have been the case but it did happen and now they both need to pay for their stupidity. "

hearts4strong wrote on Apr 6, 2008 11:59 AM:

" Yeh thanks for the judgment again boognish. I was the DD last nite and that’s what time I got home. As for why I have not been on here, 1st off I have been bizzy, 2nd off you and I have both picked how we view this case and since you can’t seem to do anything but call ppl names and not look at this case w/o making a snap judgment I don’t see the point of ‘talking to the wall’ so to speak. "

Boognish wrote on Apr 6, 2008 10:31 AM:

" Justitia, I have done both, and I told them how disappointed I was the Judge did not for one minute consider the safety of the community, by allowing these murders back on the street. I believe this Judge was appointed, so you in the voting area need find out how to get rid of him! "

Boognish wrote on Apr 6, 2008 10:23 AM:

" Heasts4, wow 3:13 AM what, just coming home from the joint after kicking it with the homies? Yes, jugging by your incoherent babbling. Did you here more 100 proof truth from the homies? As a matter of fact, after Zen posted the “truth” coming right out of your big mouth buddy, we haven’t heard much out of you. You are just as ignorant as your murdering buddies. I will sleep a lot better after this murdering scum is put in prison for the rest of his life!!!! "

hearts4strong wrote on Apr 6, 2008 3:13 AM:

" Justeta you make me sick!!! You are not from here and you have never knowen the true meaning to “riding with the brand”. I feel sorry for you. I hope that some time during your life you will understand what that means. True and loyal friends can be hard to come by now a days and I am so glad that I have the heisz family to call my own. No matter how you feel about the deal that happened I will always stand 100% behind them as I feel that what happened that nite was not an intended murder, but think and feel as you see fit, whatever helps you sleep at nite. "

Justitia wrote on Apr 5, 2008 8:18 PM:

" Someone posted this on another board.

" To all concerned, just writing comments on a forum board isn't going to get the point across to the Vernon County justice system. Please write and mail complete, worthy opinions to:

Vernon County District of Attorney Office
400 Courthouse Square Suite 200
Viroqua, WI 54665

Or better yet call at: 608-637-5357. "
"

?Justice? wrote on Apr 5, 2008 7:28 PM:

" Is there not one person in that bar that night who didn’t see what happened? I just can’t imagine that when there were so many there. Are they afraid to come forward with the truth? Or are they protecting Mikey and David by holding back? I just don’t believe that Vernon County is doing their job and I cannot believe the judge has the nerve to say what he does in court. Then let David live his life like he did nothing wrong, how can he sleep at night? (David and the judge) It is just a slap in the face to Kelly’s family! There must be something that can be done. "

?Justice? wrote on Apr 5, 2008 7:28 PM:

" Where is Justice? I cannot believe that these two men are free to live their lives as if they did nothing wrong?!! Why aren’t they behind bars awaiting trial? I don’t care if he did post bond, they shouldn't have any rights after brutally beating an innocent man to death. I think that Mikey should be charged with accomplice or party to crime or something more than disorderly conduct! According to the testimony of Huntington the injuries that Kelly sustained are comparable to a car accident victim (must be high speed impact). It sounds like after David pushed Kelly through the door he just jumped right on him, body slammed him from the top step and then proceeded to punch him several times. How can someone see that and not know if the “blows” were connecting? They had to be landing somewhere! "

think before you talk.... wrote on Apr 5, 2008 2:04 PM:

" nemo, im sure they have more than one loyal friend, actually i know they do! i know numerous ppl that are loyal to them. they are at fault for alot of things, and if ppl arent sure what happend that night they need not open their mouths and make stories up. "

think before you talk.... wrote on Apr 5, 2008 2:00 PM:

" this is all so d*mn rediculous! cant u ppl focus on the point here? its about the case, not about ppls spelling
"

horselover wrote on Apr 4, 2008 6:55 PM:

" I don't think H4strong gets it. This is a sad situation to minimize what these 2 did, friends or not, no excuse. To bad WI is one state that doesn't have the death penalty. Then to try to explain it to people, to minimize what they did. Honey they both will pay one way or another..... "

Justitia wrote on Apr 4, 2008 5:07 PM:

" I would be interested to know what hearts4strong really thinks happened that night? "

nemo wrote on Apr 4, 2008 4:42 PM:

" Good to know the Heisz boys have one loyal friend, they're going to need it once they're sitting behind bars. Bravo in trying to twist Kelly's death into not being their faults when it clearly was. The truth will come out, you wait. "

hearts4strong wrote on Apr 4, 2008 4:23 PM:

" *wakeupwis- Please show me where I stated that I