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Published - Tuesday, July 01, 2008

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Heisz pleads no contest in beating death, faces 25 years in prison


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VIROQUA, Wis. — A Gays Mills man pleaded no contest Monday to second-degree reckless homicide in the beating death of a Beloit man at a Readstown bar in February.

Vernon County Circuit Judge Michael Rosborough found David Heisz, 26, guilty after the no contest plea.
Heisz was accused of assaulting Kelly Kuykendall, 50, early Feb. 7 in an altercation that started inside Pat’s Corner Bar and spilled outside. Kuykendall, who had a cabin in the Readstown area, later was pronounced dead at Vernon Memorial Healthcare in Viroqua.

The plea Monday came after the sentence structure was amended from a Class B felony, which has a maximum of 40 years in prison, to a Class D felony with a maximum of 25 years.

Rosborough said Heisz should come to his Sept. 29 sentencing “prepared to go to prison.”

Heisz showed no emotion at the podium while pleading no contest. His attorney, Peder Arenson, explained the plea was to prepare for any possible civil suit to come.

Rosborough denied a motion by Vernon County District Attorney Timothy Gaskell to revoke Heisz’s bond, saying Heisz had made all of his previous court appearances.

It was the only point during the hearing in which audible dissension could be heard from about a dozen members of Kuykendall’s family sitting in a reserved area in the courtroom. Some wore T-shirts printed with Kuykendall’s photo and the words, “In loving memory of Flatlander,” his nickname.

Under questioning by Rosborough, Heisz said he agreed with information in the criminal complaint.

The incident started when Heisz’s cousin, 28-year-old Mikeal E. Heisz Jr., pushed Kuykendall to the floor over stools inside the bar, according to the complaint. Mikeal Heisz pleaded no contest in April to battery and disorderly conduct in the incident.

David Heisz then led Kuykendall to the front door, where witnesses said they saw him push Kuykendall off a landing and punch the older man while Kuykendall was on the sidewalk, according to the complaint.

An autopsy indicated Kuykendall had massive injuries, including a skull fracture above the right ear, a subdural hematoma to the left side of the brain, multiple rib fractures and a liver injury. Pathologist Dr. Robert Huntington III said the injuries were similar to those seen in a violent car crash.

When questioned about the incident, David Heisz told investigators he probably had 30 shots of liquor, as well as other drinks, while out celebrating his birthday Feb. 6 and into the next morning, according to the complaint.

David Heisz told investigators he has little memory of what happened after he walked Kuykendall to the bar’s door.

When shown a photo of Kuykendall’s face after his death, David Heisz said Kuykendall did not deserve what happened.

“Maybe I lost it; I don’t know,” David Heisz is quoted as saying in the complaint.

Matt Johnson is managing editor of the Vernon County Broadcaster in Viroqua.
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sylvia kay wrote on Jul 10, 2008 10:42 PM:

" Thank you Brooke - very well said. I am on your side. I did not know your uncle well but just recently found my dream-cabin right down the river from his & I know we shared the same hopes of a happy retirement to that beautiful peaceful valley...

Tomorrow is my birthday - I'm a wee bit older than Kelly would have been and the saddest thing is that we're never gonna have a friendly neighbor kind of chat ever again... And my heart will keep on breaking every time I go past his place and see the huge shadow hanging over it.

I too will be doing everything in my power to fight for him still... "

Brooke wrote on Jul 10, 2008 9:32 AM:

" I do not know David. But my opinion I feel you don't need to know someone when their actions surely show the type of person they are. See his actions in the court room and out really show the type of person he really is. Example for him to sit and smile in the court room 4 days after he murdered my uncle shows me the kind of person he is. By David having that smirk on his face was almost like a slap to my family's face. So excuse me for having horrible things to say but at least he's here and got you right? Kelly isn't here anymore and I feel the very least I can do is fight for him EVEN if it is to dig out old dirt and ruin his killer's character. I'll speak nothing but the truth though with proof to back it up. "

lynn.mariah wrote on Jul 10, 2008 8:25 AM:

" what the?
wrote on Jul 9, 2008 3:29 PM:

" Yep, zen, she insinuated, then commented to herself on her own insinuation.

I don't get it...??? "

lynn.mariah wrote on Jul 10, 2008 8:20 AM:

" BROOKE-Do you know Dave? Have you ever knowen Dave? "

Brooke wrote on Jul 10, 2008 7:39 AM:

" Okay I'm sorry he has/had a Harassment Restraining Order against his childern and ex. And it's on ccap. In my eyes in order to have that put against you, you have had to really done some dumb sh*t. Thanks What the ? for the address. nikirl33:you may ask why I bring this up well I want it to be known what Kelly's killer is really like no matter past OR present. "

what the? wrote on Jul 10, 2008 6:51 AM:

" Grant County Case Number 2005CV000433

http://wcca.wicourts.gov/caseDetails.do;jsessionid=1CA07383B6E3C314B762F5CCB24B976B.render5?caseNo=2005CV000433&countyNo=22&cacheId=01A715092D051F6FAA258F68487BB6A7&recordCount=22&offset=7&mode=details&submit=View+Case+Details "

nikirl33 wrote on Jul 10, 2008 12:39 AM:

" that i dont understand and that is (even though i use to date mike and am still his friend) y dave is facing 25 years and mike got off so easy, i understand he didnt do it but if he started the fighting then ......... nevermind, i just have unanswered question but so does every1 , weather close to mike and dave or hate mike and dave nobody has the whole truth and never will because we didnt get to c it all!!! i am going to leave my email address and if any1 wants to tell me things i might not already know or just comments be my guest nikirl33@yahoo.com zen can you please contact me i have a copule quetions!!! once again im very sorry to both family this shouldnt have happened "

nikirl33 wrote on Jul 10, 2008 12:34 AM:

" well i have posted things on here be4 but i have allowed myself to sit back and read for awhile and i think i want to comment again, so ive already said that i know dave and mike from before this bad situation happened and i know who they CAN be but i also know what happened that night is absolutly horrible for both kellys family and the heisz family! nobody can change that dave is out and besides writing to the judge nobody can make up his mind for him!! if dave has restraining order from his kids why isnt it on ccap? dave has never been one to hit a child ive seen him around his kids millions of times!! y r we gettin off on to he said she said type of crap this is about the killing of kelly nothing else!! i do have one thing.... "

what the? wrote on Jul 9, 2008 3:34 PM:

" The Truth As It Is One word about your last post certifiable. Wait a minute, theres more paging Dr. VanDyke. Stat!! "

what the? wrote on Jul 9, 2008 3:29 PM:

" Yep, zen, she insinuated, then commented to herself on her own insinuation.

lynn.mariah
wrote on Jul 8, 2008 8:31 PM:

" So you are mad at Dave because the JUDGE made the choice to let him be free until his next and last court date??? That does not make a whole lot of cents to me." "

zen wrote on Jul 9, 2008 1:35 PM:

" lynn.mariah: since your perceptions seem too clouded for others to make this clear to you, let me try... no one is mad or angry AT David for being out on bond after admitting he murdered Kelly, they are mad or angry at the simple fact that he IS out on bond. Not one post in this thread indicates otherwise. You simply have read into comments that people are mad or angry AT David for being out on bail, which is clearly not the case. The only reason anyone is mad or angry AT David is because he murdered Kelly. David obviously has no control over the fact the he remains out on bail. You insult yourself every time you accuse someone of being mad AT him for something he cannot control. "

lynn.mariah wrote on Jul 9, 2008 11:44 AM:

" BROOKE-Always good when someone else can tell you how you feel about things!! Me standing up for Dave is not supposed to get me anywhere its what I believe and feel is rite. NOT once have I defended him in what happened that night. You may think what you like about Dave (calling him a loser)-which I am not sure if you are saying that now because of this mess or if you always thought that. If I had to guess I would have to say you never knew him, if you did at all you would know what a wonderful father he is. Either way I am not trying to make anyone like him. "

lynn.mariah wrote on Jul 9, 2008 11:43 AM:

" I am not nor have I ever said that he didnt have control of what happened that night!! I am saying NOW since he turned himself in he has had no control and that it seems a lot of people are mad at Dave about him being out on bail, the bail amount, what he may or may not get for a sentence. I think its small minded of people to blame him those actions, when there is a much bigger pitcher here. "

Brooke wrote on Jul 9, 2008 10:05 AM:

" News flash MARIAH LYNN you would to blame the accuser no matter what! So don't give us this BS that David had or has no control. Are you kidding me David had all the control in the world that night and certainly could have prevented this but NO instead he decided to act like some tuff guy. So even if it's the system who has the control right now it is still HIS FAULT. Okay I understand you may be close with David but by sticking up for him gets you nowhere. He is a loser and always has been. Trust me people from up there have been talking and it isn't pretty. Tell me this, how can you have a restraining order against you from your own children? So what's that he beats on little kids also? "

zen wrote on Jul 9, 2008 8:41 AM:

" Troubling Events:
-Mikeal beats a guy to near death at Applefest, no charges brought by Crawford County DA
-Mikeal starts PHYSICAL altercation with Kelly, David finishes it by murdering him
-Vernon County issues low dollar bonds
-Mikeal charged with much less than he should have been (accomplice to murder) pleads to the lesser charges since its a great deal for him
-David initially charged appropriately but reduced in a plea bargain, which is an even greater deal for him
-Both remain free on bond until sentencing, which is outrageous since David admitted to murder.

I believe that the frustration of Kelly's friends and family starts with the Crawford County DA, whose inaction precipitated this whole series of events - leads to Mikeal and David for the actual murder of Kelly - and now to the Vernon County justice system for their leniency towards these two degenerates. "

lynn.mariah wrote on Jul 9, 2008 6:43 AM:

" TRUTH- I cant tell you how I would feel. One thing I know for sure though is that I would not blame the accuser of things he has no control over. People are hurting and you comment in a way that appears to demoralize them for having the feelings they do." I am sorry but I have to laugh at this part. I have feelings for Daves side and get called names and told that I am heartless, and I am the one that is demoralizing others? Death is something that I have always had a hard time dealing with, but I understand that its part of life. (Refer back to comment #4 Ive posted) "

lynn.mariah wrote on Jul 9, 2008 6:07 AM:

" KAY-Once you catch your breath, would you please answer the questions that I have posted? Maybe that is something you just CANT do. I could understand that. You and I are not playing a game, and if I was not listening I would not be asking such questions. I am just going off of what I read from post on here and the other pages. You and I might not agree with what kind of person Dave is but I dont see how you can blame him for what the judicial system in choosing to do with him. "

The Truth As It Is wrote on Jul 9, 2008 1:25 AM:

" Mariah Lynn - Yeah I know the system sucks and he is going to prison. Dare I say that if you did as nemo suggests - put yourself into the situation the victim's family and friends are in - that you would be as outraged as they are that a murderer admits what he has done, yet has been allowed from day one, outside from an overnight in jail, to basically have his life go on as if he did nothing? In a like situation with you as the victim's family would you vocally support the murderer in the manner you suggest here? Please tell me that you would not, because if you do not I'm afraid I have to believe you are some kind of a nut case. People are hurting and you comment in a way that appears to demoralize them for having the feelings they do. "

sylvia kay wrote on Jul 8, 2008 9:33 PM:

" I got so angry reading this last post of lynn dot's that I almost forgot how to breathe. Then I remembered - she's hasn't been listening to anything anyone's been saying all along so why would she now? I don't want to play her stupid little game anymore.

Nemo - you are most definitely right. And I want to thank you & conscience? also for writing impact letters. Peace & Love & Remember Kelly. "

lynn.mariah wrote on Jul 8, 2008 8:31 PM:

" So you are mad at Dave because the JUDGE made the choice to let him be free until his next and last court date??? That does not make a whole lot of cents to me. I can understand the upset with Dave about what happened, but what I cant understand is that now because the judge and the system are making the choices and calling the shots that youre still mad at him??? Why??? Is it also going to be his fault if he is handed a 5 or 10year sentence???
Nemo-maybe you are right, maybe I am heartless. "

nemo wrote on Jul 8, 2008 5:39 PM:

" Oh wow! lynn.mariah- You seem pretty heartless to me. Who gives a crap if David Heisz, MURDERER being the proper name for him, doesn't get to see his family, kids, or be free in the breeze once hes in prison? Kelly will NEVER EVER get to do that again. It kills more people than you will ever imagine that he is still out of prison for what he did, especially since he admitted to 2nd Degree Reckless Homicide...admitting to murdering Kelly. Maybe you shouldn't be so self absorbed in what is going on with your friends and look at the other side of what is going on. Put yourself in Kelly's families shoes...you would be just as outraged at the circumstances.

I will be writing an impact statement and I hope it sends this MURDERER away for a long time...HE DESERVES IT!!! "

conscience? wrote on Jul 8, 2008 8:10 AM:

" Thank you for the information Sylvia Kay. I will be writing a letter. No one's last moments on earth should be as Kelly's were. "

sylvia kay wrote on Jul 8, 2008 6:16 AM:

" Send your letters to: Judge Michael Rosborough, Vernon County Courthouse, P O Box 426, Viroqua WI 54665 or FAX 608-637-5554. I emailed the DA's office yesterday for info on the proper way to make a victim impact statement & have heard nothing back yet. But if everyone out there who is as outraged & shattered by this murder as I am wrote a letter, it just might create enough of an impact on the judge to hand down the maximum sentence in September. "

what the? wrote on Jul 8, 2008 12:18 AM:

" conscience? As I consider how to answer your question the words freedom of speech cross my mind. Whether it be senseless drivel we read posted here or astute words mailed to a judge about how one feels about a murder case he is about to hand down a sentence for, we have the right to express our feelings. I know my thoughts about this case and what I feel the punishment should be will be crossing the judges desk before he hands down the sentence. So, I say go ahead and write one yourself. Whether he reads such letters, or not, will be unknown. What we will know is that we have done the best we can to try and raise the consciousness of the indecency of this crime. Having the maximum sentence handed down will be a bonus. "

zen wrote on Jul 7, 2008 10:02 PM:

" conscience? - That's a great question, and I hope that you are able to write an impact statement. What Kelly's family and friends are going through and suffering from because of his murder should certainly be enough to convince the judge to hand down the maximum sentence, but what David Heisz has done is obviously affecting many more in the community. "

conscience? wrote on Jul 7, 2008 2:07 PM:

" Hopefully lynn.mariah will someday realize it's a bad idea to associate yourself with someone who is capable of such brutal vicious behavior. But don't hold your breath.
What The?- Will the judge accept impact statements from people that don't know Kelly? I didn't know him, but his brutal death has impacted my life and I'm sure the lives of others that didn't know him. Less than 25 years would be an insult to the family of Kelly and the community. "

sylvia kay wrote on Jul 7, 2008 5:57 AM:

" Thank you what the? I will be writing my letter for the judge today. "

what the? wrote on Jul 6, 2008 11:23 PM:

" sylvia kay There is something you can do. If you are a family member of or a friend of Kellys you are a victim of this crime. You can write a victim impact statement to read to the judge or for him to read himself. Expressing your feelings of how the murder has affected you and what you would like to see as a sentence would be a huge support to the family. I believe if you contact a member of the Kuykendall family or the Vernon County District Attorneys office they should be able to tell you how to do this. The penalties for a Class D felony are a maximum of 25 years in prison or a maximum fine of $100,000.00, or both. "

what the? wrote on Jul 6, 2008 10:43 PM:

" nikirl33 - Since you mentioned "fighting" for clarification you do realize that this was not a physical fight. The victim spoke some words to the accomplice of this murder, Mikeal Heisz, with the response of being punched to the ground. David Heisz physically moved the victim outside to the sidewalk and murdered him. It has been reported by parties, from both sides, that the victim never raised a hand to either party that assaulted him. "

sylvia kay wrote on Jul 6, 2008 10:37 PM:

" to The Truth & what the? - I am sad to say that I think our work here is done. I realize now that there's a major language barrier with people who insist on living under rocks - who insist on being mean & stupid... But there it is.

Thanks for your comments as I believe you also agree with me that a great injustice has been done. I, for one, am almost embarrassed that I let these lynn dots & nikkers get me so upset...

The only important thing is that Kelly Kuykendall was beaten to death by David Heisz. And though I am a great believer in karma - I seem to have lost my patience that it's taking so long - that the stupidity continues - that there really is nothing I can do. "

nikirl33 wrote on Jul 6, 2008 9:11 PM:

" what the? : for the most part thats what i mean not persay that i would have been killed but that alcohol makes people do things they regret and when 1 person is "fighting" another, your more than likely going to also get hurt if you step in but yes i would have done something if i was there i dont know y nobody else did. but i understand 2 though cause thats not there "job". thats just me though. next sylvia: i never said how dave does or does not feel (not once!!) because im not dave so i cant say one way or another but i did state the FACT that he can be a veryyyyy loving person thats all i said!!!! "

lynn.mariah wrote on Jul 6, 2008 2:44 PM:

" So sorry if the reality of life is too hard for some of you to deal with. Is it ever fair when a life is cut short??? Whether it is from an act of God, an accident or intentional. KAY- Are you mad at Dave or the judicial system??? AS IT IS- Thanks for the laugh! I do not regret anything about my life and most defiantly NOT what I said on here! WHAT THE?- Your name says it best on how I can reply to your comment. "

what the? wrote on Jul 6, 2008 1:39 AM:

" Mariah Lynn - Not sure what socially inept rock you crawled out from under, but I am pretty sure that to most intelligent people in the world the beauty of life has nothing to do with your idiotic comments. "

The Truth As It Is wrote on Jul 5, 2008 6:38 PM:

" Mariah Lynn - Please tell me you are spending your Saturday at an internet bar somewhere down in Crawford County. That you will be waking up tomorrow only to regret the remarks you made today. "

sylvia kay wrote on Jul 5, 2008 3:54 PM:

" lynn.mariah - tell Kelly's family that "this world isn't fair and that is the beauty of life." Tell Kelly himself that "life goes on." David Heisz will most certainly not serve more than 5 years of his sentence. I am not complaining - I am OUTRAGED!

And the one thing I CAN do about all this is voice my opinion. "

lynn.mariah wrote on Jul 5, 2008 2:19 PM:

" Dave is going to prison!! NO family, NO kids, NO free in the breeze....What more do you want from him??? He can't change what has happened and now he is paying for what he did. I am sure that it just kills some of you that he has a few months of time to spend with family and friends. Youre not going to change anything so why do you have to complain about it???
This world is not fair, that is the beauty of life. Things that should not happen do and there is not a dang thing you can do about it. There are many ppl that lose because of what has happened. YES it sucks, but life goes on. "

The Truth As It Is wrote on Jul 5, 2008 9:49 AM:

" i am guessing the ones that have restraining orders against him ~according to c-cap~ were not sitting around with him. "

sylvia kay wrote on Jul 5, 2008 1:30 AM:

" nikirl33 - And I don't find anything appropriate in your comments at all. I haven't seen any sign of remorse or regret in David Heisz from day one. And I picture him still - sitting around free as the breeze with his beloved family & children on the 4th of July, having a cookout & watching the fireworks... My God - he MURDERED a man! "

what the? wrote on Jul 5, 2008 12:44 AM:

" nikirl33 - Thanks for the clarification. You said - no i wasnt and thats probably a really good thing cause i woulda got in the middle of it. I say, in my opinion, it seems you are saying your being there could have had the outcome of saving someones life (a good thing) or potentially being murdered yourself by someone you know(a bad thing.) "

nikirl33 wrote on Jul 4, 2008 9:16 PM:

" to: what the?, no i wasnt and thats probably a really good thing cause i woulda got in the middle of it (maybe woulda been a good thing, potentionally coulda been a bad thing!!!) because words r words and it doesnt give the right to fight nor take it to the point it was!!!! but to answer you question fully heres my exact statement....... i do have to say all this started over some bad remarks that shouldnt have been made but even if they were it shouldnt have resulted this way. i did add EVEN IF THEY WERE which implys, thats what i was told but i have no proof!!!! "

what the? wrote on Jul 4, 2008 9:35 AM:

" nikirl33 - Were you there to personally hear the remarks, so that you know they were made? "

nikirl33 wrote on Jul 4, 2008 2:06 AM:

" ..............i dont find it very appropriate to come on here & make "fun" of names, looks or anything for that matter, its very serious & what happened happened & now they have to pay 4 it! next to : JUST THE FACTS the "rest" of the family didnt do ANYTHING so its very inappropriate 2 even involve them in your "opinion". dave & mike did wrong NOT there family & to even take it to that level is plain pathetic!!! put blame on the people who did it not the people around them!!! once again, i grieve for the family. and im sorry a thing like this has to happen to any1!!! dave & mike i hope you learnt something from this cause i know your both much better people than that!!! i still love the "real" u!! "

nikirl33 wrote on Jul 4, 2008 2:03 AM:

" HEISZ Case! 1st, what happened shouldnt have happened. next, im going to say that i know both dave & mike very well & i can say that i never would have seen this happening!! they both have children & family that they love very much! it is very sad & i have to grieve for the family! i do have to say all this started over some bad remarks that shouldnt have been made but even if they were it shouldnt have resulted this way!! this situation happened because alcohol took 2 people (that wouldnt have done this sober) & made them do things they now regret, its not an excuse but alcohol messes w/ people & makes them some1 else!! i can say i love them both as the people they REALLY r & if u dont know the REAL them, than i wish u did!!!! "

what the? wrote on Jul 2, 2008 2:13 AM:

" It's MURDERER not Heinz. "

what the? wrote on Jul 2, 2008 2:08 AM:

" Mariah Lynn To quote the judge, It is fair to say on the day of sentencing the defendant should appear here prepared to go to prison. "

sylvia kay wrote on Jul 1, 2008 11:33 PM:

" This has nothing to do with justice - this is OBSCENE! In the city where I come from a 25 year sentence means out free & clear in 3 to 5. For murder?!?!?!!

And what I cannot get over is that this David Heisz Monster has been free to sit around all this time watching the sun rise & set every day in this beautiful valley while the rest of our hearts just keep on breaking in the absence of the man he took away. "

Hollywood7 wrote on Jul 1, 2008 10:27 PM:

" by looking at his lawyer, (arenson), he must be as crooked as his lawyer.
buy a hair brush and some dental floss. "

lynn.mariah wrote on Jul 1, 2008 9:45 PM:

" Conscience? No there is no minimum sentence. Probation will look into the crime, his past, him as a person and talk to any character witness they choose and will give their recommendations to the judge on his sentence and the judge can than do with it as he sees fit. Making it shorter-longerany changes he wants. "

lynn.mariah wrote on Jul 1, 2008 9:37 PM:

" I love how some many of you come on here to talk trash, some knowing Dave but most not, hiding behind your fake names.
Unless my hearing has gone, the judge did NOT tell Dave to come on the 29th prepared to go to prison". He told Gaskell that Dave came to court THAT DAY prepared to go to prison, when he was denying his request to revoke Daves bond. "PLAYER" nice choice in names....to answer your question, NO Dave does not beat women. "

player wrote on Jul 1, 2008 9:23 PM:

" A 26 year old beating up a 50 year old. Does he beat women too? "

conscience? wrote on Jul 1, 2008 6:06 PM:

" Does anyone know if there is a minimum sentence that has to be handed down? Or could he get something as small as 5 years? "

youdontknowwhathappened wrote on Jul 1, 2008 3:00 PM:

" It's "HEISZ" not Heinz "

just the facts wrote on Jul 1, 2008 2:01 PM:

" The Heinz boys are a detriment to society and both need to be taken out of circulation! Unfortunately, there are apparently more members of this family! "

boognish wrote on Jul 1, 2008 12:54 PM:

" Well toss my salad, Dave manned up. I have way more respect for you, than I do your cry baby older cousin who started the whole thing. I hope every birthday you spend in prison, you think of your older cousin, and what a sissy he is for letting you take the fall, for something he was responsible for. "

Cards wrote on Jul 1, 2008 6:33 AM:

" That is great that it is being locked up, it, too desreves death! "


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