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Marcy Kuykendall, 49, of South Beloit, Ill., cannot be in the Vernon County Courthouse in Viroqua when David A. Heisz is sentenced Oct. 20 for second-degree reckless homicide relating to the death of Kelly Kuykendall, 50.
According to the criminal complaint, Heisz pushed Kelly Kuykendall off a landing and beat him outside the front door of Pat’s Corner Bar in Readstown early Feb. 7 after an altercation started inside between Kuykendall and Heisz’s cousin.
Heisz, 26, of Gays Mills, faces a maximum prison term of 25 years, which likely will be divided into incarceration and extended supervision.
Vernon County Circuit Judge Michael Rosborough wrote in the order that Marcy Kuykendall went beyond “mere expressions of dissatisfaction” in an e-mail sent to County District Attorney Tim Gaskell on July 3, the day after Heisz pleaded no contest and was found guilty in Kelly Kuykendall’s death.
According to Rosborough, Marcy Kuykendall used inappropriate and indefensible language in the e-mail.
“More importantly and of greater concern, she goes on to express a wish that the defendant be murdered in the courtroom during sentencing,” according to Rosborough.
In a telephone interview Tuesday, Rosborough said it’s the first time he can remember ever barring someone from the courtroom for a sentencing.
Gaskell said the e-mail “was probably just venting, but we have to take these things seriously.”
A copy of Marcy Kuykendall’s e-mail included profanity and strong negative opinions about the judicial system in Vernon County.
“Personally, I hope the Posey (sic) comes in and kills that (expletive) right in the court room in front of the judge…,” Marcy Kuykendall wrote.
Marcy Kuykendall is the wife of Kelly Kuykendall’s brother, Kris. In a telephone interview Monday, she said she is not repentant about the e-mail and believes the court has done more to protect Heisz than to serve justice for Kelly Kuykendall.
But Marcy Kuykendall said she didn’t directly threaten Heisz and she’s upset she won’t be allowed at his sentencing.
“Personally, I take offense that my rights are being disregarded, just like Kelly’s rights were disregarded, and it makes me feel sad, and I just want to cry,” Marcy Kuykendall said.
After the plea hearing, Kelly Kuykendall’s sister, Kim Reinke, said the Kuykendall family was waiting until after Heisz’s sentencing to make any public comments. The Kuykendall family and their supporters have been visible in the courtroom for all of the hearings.
Despite being found guilty of homicide, Heisz has remained free on a $10,000 cash bond since his bond hearing in early February.
PicklesPlease wrote on Sep 11, 2008 12:33 PM: