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Published - Wednesday, February 13, 2008

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Cousins suspected in fatal beating are free on bail

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Two Gays Mills cousins suspected in the death of a Beloit man at a Readstown bar last Thursday morning were released on bail Monday after a hearing in Vernon County Circuit Court.

Sheriff's investigators are "trying to put together what happened, second by second, in the 23 feet between the barstool and the door ... down five steps and outside" at Pat's Corner Bar that night, said Chief Deputy James Hanson.

David A. Heisz, 26, posted $10,000 cash bond. His cousin, 28-year-old Mikeal E. Heisz Jr, was released on a $10,000 signature bond. Both were ordered to stay away from each other, drugs, alcohol and any place that serves alcohol. Their next court date is Feb. 25.

The two were in Pat's Corner Bar, celebrating David Heisz' birthday, on Wednes-day night and into Thursday morning, when 50-year-old Kelly R. Kuykendall died.

The Heisz cousins and Kuykendall knew one another but "were not well acquainted," Hanson said.

Witnesses told authorities Kuykendall may have said something derogatory to the Heisz cousins that triggered the altercation, sheriff's investigator Scott Bjerkos said in court Monday.

At least six people watched Kuykendall get beaten outside the bar, Bjerkos said.

Kuykendall, who lives in Beloit but owns a cabin in the Readstown area, was "left on the sidewalk unconscious as the suspects fled the scene," according to Vernon County Sheriff's Department reports.

Kuykendall's autopsy indicated he had massive head injuries, including two skull fractures and several cuts, a number of broken ribs, an injured liver and other significant internal injuries, Bjerkos said.

The cousins have not been charged yet, Hanson said, because the investigation continues. He noted the death has "created a certain amount of polarity" in the community, something that has been reflected by anonymous comments on the web sites of the La Crosse Tribune and the Broadcaster.

Hanson said authorities are monitoring the Internet comments.

The two Gays Mills men quickly were identified Thursday morning, he said, and Crawford County authorities were contacted.

"They found (the suspects), and we gave them the opportunity to drive in on their own," said Hanson. A press release noted the two initially were held on suspicion of second-degree reckless homicide.

The cousins had blood on their clothing when questioned by authorities last Thursday, Bjerkos said.

At Monday's bail hearing, Bjerkos said Mikeal Heisz attacked Kuykendall in the bar about 1:30 a.m. Thursday. David Heisz then dragged Kuykendall 23 feet out the front door and struck Kuykendall “about the face” and stood over him, Bjerkos said.

While Mikeal Heisz initiated the fight inside the bar, David Heisz was the main aggressor outside, Bjerkos said. The department had "conflicting statements as to if Mikeal Heisz was in the area" where Kuykendall was beaten on the sidewalk.

Kuykendall didn't throw a punch or act to defend himself, Bjerkos said. He was left in a pool of blood as the Heisz cousins fled, Bjerkos said.

David Heisz told authorities he had been out Wednesday night for his 26th birthday. He said in one interview he had 20 drinks and in another said 30, Bjerkos said.

Vernon County District Attorney Timothy Gaskell said David Heisz could face a charge of second degree reckless homicide, is a class D felony, with a 25-year prison sentence and a $100,000 fine. David Heisz is a two-time repeat offender as a felon. If he's convicted of a homicide charge, it would add 15 years to his sentence, Gaskell said.

Gaskell said Mikeal Heisz could be charged with anything from disorderly conduct to being party to a homicide.

Kuykendall was taken from the sidewalk to Vernon Memorial Healthcare by Readstown EMS. He was pronounced dead on arrival at VMH.

One of Kuykendall's friends, Ron Nash of Readstown, had been with him earlier in the evening. Nash was notified by phone of the altercation and said he went to VMH and awaited Kuykendall's arrival.

He said Kuykendall's condition when his body was brought to the hospital is something that will haunt him for the rest of his life.

"It's the worst sight I've ever seen," Nash said. "I never want to see that again."

Nash said Kuykendall was unrecognizable and had extensive damage to his right ear and eye, which Bjerkos corroborated in court.

Nash said he has been friends with Kuykendall for 30 years. Kuykendall, who was known by the nicknames "flatlander" or "Sgt. Kelly" by his friends, was about five-foot-six and weighed about 140 pounds.

"My friends and I had been down to Beloit and stayed at his house," Nash said. "He was just a good guy who loved to hunt deer and was easygoing."

Another friend, Mike Mayberry of Readstown, bow hunted with Kuykendall.

"He was the type of guy who wouldn't let a friend drive after they'd been drinking," Mayberry said. "He'd say, 'Stay at my cabin,' or give them a ride. He looked out for people."

Kuykendall had been a long-time employee of Beloit Corp. and continued to work in the Beloit area after that business closed a few years ago, Nash said. Kuykendall owned a cabin on land outside of Readstown.

David Heisz's attorney, Peder Arneson, said on Monday that David Heisz has four children and works as a carpenter. David Heisz has previous felony convictions for burglary and for fleeing an officer, both occurring in 2000, according to the Wisconsin Circuit Court's computer system.

Mikeal Heisz does not have a criminal record.

Pat's Corner Bar owner Pat McCann had no comment on the incident last Thursday morning.

"Maybe later," he said.

Others in downtown Readstown were shocked by the incident.

"This is a pretty tame town," said Myrna Callaway, who owns and operates Crazy Frank's in Readstown with her husband, Frank. "I'm surprised this happened. This is just a beautiful little place between the hills."

Dan Stewart, owner of the Kickapoo Trading Post in Readstown, echoed Callaway's remarks.

"It's been years since anything like this has happened," Stewart said. "It's too bad that somebody had to lose their life."

Stewart recalled a piece of local history — a fight at a Readstown tavern that led to a death 28 years ago.

On March 13, 1980, Brian Paul Grancorvitz, then 19, of Gays Mills, stabbed to death Roger Lind, 27, of rural Viroqua.

The fight that led to Lind's death occurred outside the Tin Shack Tavern, which is no longer in operation.

Lind suffered approximately 20 stab wounds, Phil Stittleburg, a Vernon County attorney, who helped prosecute Grancorvitz, said.

Grancorvitz was found guilty of first degree murder and sentenced to life in prison. In prison, Grancorvitz changed his name to Adrian Lomax. Lomax was released from prison in 2004. His sentence was issued before Wisconsin's truth in sentencing legislation was passed, which does not allow for early release. Lomax has since become a prison reform advocate.

Vernon County Sheriff Gene Cary said his department has been very careful to maintain the integrity of the investigation into Kuykendall's death.

“Six or eight months down the road, if this does go to a trial, we can’t go back to Feb. 7 and do everything over again,” Cary said. “We’ve got to be methodical now and conduct a complete and thorough investigation.”

(George Hessleberg contributed to this story.)
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Mouse/Chick wrote on Feb 23, 2008 4:33 PM:

" Kelly if you can or do hear me I Love You and will miss you but you will never be forgotten and the ones who did this to you will pay I swear with my whole life.I will try to be there for your children and grandchildren if they want as I know the rest of the family will be. Rest in peace and know we all loved you in our own way.
Love Always And Forever,
Mouse,Chick, or Marcy you choose your call
later-love you "

Shelly Timmons wrote on Feb 22, 2008 11:00 AM:

" I hope and pray that my friends in the valley keep in mind that Kelly was not a violent person and that we need to let the court do the right thing with these men, and that what happened was done by Mike and Dave not the whole Heize Family. I have alot of friends that are Hieze's in the PDC area and they are just sick about what happened, one of them is related distantly and does not even know these men and can not like the rest of us understand this. Kelly was my friend and I regret not being able to spend more time with him, he will be missed. "

To: Wish they had accepted.. wrote on Feb 21, 2008 9:48 AM:

" There were a number of things that might have prevented this tragedy. Unfortunately, my personal experience is that those that claim religious faith the most and are the most verbal about it, sometimes live it the least. Even terrorists claim to be devout. We need to live our values, not just talk about them. "To the best that you are able, live peacefully with all men," are not just words, it is a way of life, and not a bad way to live at that. "

To ptj wrote on Feb 21, 2008 9:39 AM:

" I believe their punishment has already started. Unfortunately I'm sure their families are facing the consequences, too, and they didn't commit this crime. I hope that, we, as a community, can remember this. We need healing here and not more hatred and violence. There has been too much already.

Can you imagine going ANYWHERE in this county without running into Kelly's family or friends or even people in the community who are so angry at what they did?

They will have consequences to this in jail and out. They also will have to think about this the rest of their lives. They can't get away from themselves. How tragic for everyone involved.
"

J2U wrote on Feb 21, 2008 8:42 AM:

" As everyone knows or should know, in Wisconsin, the age of majority, the age one is judged an adult is 18. These are not "boys", big or otherwise, they are grown men who act like homicidal children. They have been dealt with as favored children by the law in several counties. People need to call the Vernon Co. procecutors office and encourage them to prosecute this case to the fullest. It's the community and the people in it who will suffer if it isn't done. (608) 637-5357
"

Wish they had accepted JESUS wrote on Feb 20, 2008 4:38 PM:

" I wish they had both truly accepted JESUS into their hearts BEFORE going to that bar. Not just a verbal acceptance, but true faith in Jesus from their hearts and minds to salvation. Perhaps that man would still be alive, and all would have been saved? "

ptj wrote on Feb 19, 2008 7:45 PM:

" Let's stay focused. Two men beat a man to death. This is not a case of one unlucky punch, this is a case of brutal, no holds barred attack. Two men are criminally resposible for this. As for the people who watched, personally I think the correct term should be witnessed, they have to question their actions for the rest of their lives. In reality, this entire event took five minutes from the start inside the bar to the sidewalk outside. These things happen so fast that many people don't even comprehend what is taking place. Let's remain vigilant in keeping track of happens in this case so that justice may prevail. These men should be held accountable for their action to the fullest extent of the law and they should not be allowed to WALK on this. Only by keeping this event fresh in the minds of the community are we able to be sure pressure is placed on procecutors and judges to do what is correct and just. "

Personal Responsibility wrote on Feb 19, 2008 5:41 PM:

" Although I believe that serving these brothers any liquor at all if they were already that intoxicated was irresponsible, I don't believe we can blame the bartender for what two adult men did. If they drank so much they claim they couldn't control themselves, this does not excuse them, it further incriminates them. No one forced them to drink to the point of oblivion. As a community, and even as a nation why do we keep excusing people for the actions that they choose to take? I find it extremely distressing that whenever there is violence that it seems that everyone tries to explain away the actions of the perpetrators. Somebody picked on them or somebody said something hurtful.... so what.

The thing that I find almost as disturbing as the actual murder, however, is the fact that people stood around and watched without trying to stop it. I just can't comprehend doing that. We can't bring this young man back, but we can use his tragic death to remind us that we need to come together as a community and be nicer to each other. We are all human beings. How much differently this might of ended if even one of these men would of attempted to at least be civil with each other, or even just leave each other alone. There is a lot of wisdom in the sayings of "Live, and Let live" and "Do No Harm." "

to quick to judge wrote on Feb 19, 2008 7:16 AM:

" (((As a reply to what Bartender wrote on Feb 16, 2008 2:31 AM:))


People are jumping on Pat's for serving Dave when he's saying he had 20 to 30 beers. This has not been proven yet either. Who knows what time Dave started drinking and where? How drunk was he when he left the first Tavern or second and third place they had drinks at that night? We won't know until it goes to court the entire story as far as if he was drinking just beer or shots with the beer or even if there anything else in their systems besides alcohol. Dave is one that likes to brag even about the stupid things at stupid times it seems. These guys did something very, very wrong and will pay for it. In doing so they've not only ruined lives but destroyed families and friendships with their stupidity. Another thing they have done is give their family a worse reputation then they've had in the past and drug the Hiesz name threw the mud. As with any family there are some good, some bad and some losers. It's always the losers that bring our views lower on any family as a whole. These 2 have given the entire community a black eye as they are suddenly in the view of all to see and in such have ended up being our ambassadors to the rest of the country for those who feel like they need to judge us in the valley have a mental image of what we could be like. What a shame since the Kickapoo Valley people as a whole are decent and big hearted people.
To Quick to Judge "

pj wrote on Feb 18, 2008 11:53 AM:

" I didn't mean to write that Kelly had consumed 20-30 drinks over the course of the evening. I apologize for that. It was David that consumed either 20 or 30 drinks. Those words came out of his own mouth when he was interviewed by the police. Please, people stop bad mouthing the Corner Bar. Kelly loved Pat and vice versa. This horrible incident could have happened anywhere. Unfortunately, it happened at the bar that Kelly loved. God rest his soul and may we all learn something from this. "

Annie wrote on Feb 18, 2008 11:08 AM:

" The corner bar didn't serve Kelly nor the 2 men responsible for his death 20-30 drinks. "

pj wrote on Feb 18, 2008 10:20 AM:

" The Corner Bar did not serve Kelly 20-30 drinks. Those drinks were consumed over the entire evening. They were at other bars before arriving at the Corner Bar. Get your facts straight before commenting. "

Gossip wrote on Feb 18, 2008 8:35 AM:

" First of all not both of those boys are "big boys" only one of them is. The other is tall and maybe 20lbs heaviear. 2ndly when someone makes a comment like Kelly did about father deserving to die! Nobody deserves to die of cancer and nobody has the right to say that to anyone's family. What happened is horrible and everyone on here is right nobody deserved to die. However everyone posting comments should GET THEIR FACTS STRAIGHT before slandering others. Everyone needs to have faith in our court system and faith that this situation will be taken care of! "

gk2 wrote on Feb 18, 2008 2:06 AM:

" First of all I want to give my condolences to Kelly's family. What a terrible waste of a life. The newspapers often mention Kelly's size. Five foot six, one hundred forty pounds. Why is there no mention of the "good old boys" size? They were both BIG boys. Poor Kelly would not stand a chance against either one of them. How dare these men try to justify what they did by claiming that Kelly made a comment about one of their fathers? I hope that that father is proud of his son. Because he isn't going to live long enough to ever see his son after he gets out of jail. These men have been a threat for a long time with their altercations with others and I hope that finally justice is done. "

Mouse/Chick wrote on Feb 17, 2008 5:32 PM:

" Kelly was my brother-in-law and he was loved dearly and would do anything for anybody. If this had happened in Madison, Rockford or any other large metropolitan area these kidnappers/ murders would still be in jail. Why is it that in Readstown, WI the Wisconsin Law does not apply? If I had done such a horrifick crime being that I am a Polish Hillbilly I would be-being held under the jail. Kelly we will always miss you and love you, we will not quite fighting for you and the justice system should be called to the mat.
Love You Forever, See Ya Later-
Mouse/Chick "

froggy wrote on Feb 16, 2008 9:58 AM:

" You have done a very dangerous thing by letting them out on bail. $10,000 is nothing compared to what would be their bail somewhere else.It should never have been. That is a slap on the hand & those men know it & are probably laughing about it every day since they were let out. Not just laughing, bragging about it.
They beat Kelly to death, at least the one with 50 drinks in him. Now how could he even function with all that booze in him? He couldn't have even walked or talked. He would have been paralyzed. Celebrating his birthday so he beats somebody to death.
Is this going to be his defense, "I had 20 drinks at this place, Pat's & 30 drinks somewhere else." His cousin should have taken him home if he had any sense at all. For people to sit there & watch & the bar not calling the police until it was too late is so unjust. The bars can get in big trouble you know for letting somebody drink that much without cutting them off.
I am from Readstown, I left to get married in 1960 & now am 210 miles away but these "so called good ole boys" need to go to prison. The cousin was just as guilty for letting this man do the beating & not stopping it. To me, that's murder, Not a second degree negligent homicide or what ever you up there have decided to call it.
What are you going to do with the bars serving him like that, huh?? Kelly paid for all that in the most brutal way anyone could.
How do you feel, boys? Proud of what you did??????????????????

Bless Kelly today on his funeral . I didn't know him but I remember seeing him around Readstown when I lived there before 1960. Looks like a decent man to me. I feel for his family & I am so very sorry. My prayers are with you. "

As a Bartender wrote on Feb 16, 2008 2:31 AM:

" I am a bartender and manage a bar in the beloit area. I am appalled at the fact that the bar and bartender allowed this to happen. There is no way that the bartender did not know what was going on. Maybe they did not know the severity of it, but they knew. It was the bartenders responsibility not to overserve and look out for the safety of their patrons. I belive that the bartender and possibly the bar should lose their licenses. I will be using this incident to further train my bartenders on the responibility we have to our patrons and encourage other bar manaers to do the same. It is a tragic event that could have been easily avoided. Kelly was a nice guy. "

vince wrote on Feb 15, 2008 3:52 PM:

" didn't someone just get shot in la crosse for trying to help a woman who was getting hit? lets lay the blame where it belongs. on the two thugs. "

outsider looking inn wrote on Feb 15, 2008 8:37 AM:

" It is very interesting to hear all of the conflicting stories flying around. Nobody knows the truth, except those involved. Soon all of the truth will come out and then people should form an opinion, but not until then. After all it is innocent until proven guilty. What about the six bystanders? shouldn't they be in some kind of trouble for standing there and watching and not doing anything! That takes a cold hearted person to do nothing to bad for the victum there were six cold hearted people "

heart goes out to both wrote on Feb 14, 2008 11:48 AM:

" My heart goes out to both families with sympathy. It is a sorrowful situation and I hope the justice system rules in the fairest way possible. "

correo wrote on Feb 13, 2008 6:18 PM:

" Couple of thoughts; First this is directed to the family of the man who was killed at the bar in readstown; Take the advice already laid out here, get an attorney!! a civil attorney. Every time there is a violent crime here it is alchohol related. Stop serving the drunks till they cant walk! To the family, I am so sorry for your loss be sure however that there ar folks out here that are standing with you God Bless you all. "


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