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.


sylvia kay wrote on Jul 10, 2008 10:42 PM:
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... "