Kenneth Nelson (Calumet Co. Jail)
CHILTON, WI (WTAQ-WLUK) — Kenneth Nelson is currently not competent to stand trial for allegedly killing his father, a judge ruled Friday, although Nelson disagreed with the finding.
Nelson, 40, is charged with first-degree intentional homicide for allegedly beating his 66-year-old father to death at a town of Brillion home Jan. 21.
Competency refers to the suspect’s ability to under the court proceedings and assist in their own defense.
Psychologist Dr. Brooke Cefalu testified Friday.
“At present, Mr. Nelson lacks substantial mental capacity to rationally and factually understand his charges, participate in the court proceedings and to communicate with his attorney of aid in his own defense. In essence, I opine he is not competent to proceed” she said.
Cefalu said with treatment, Nelson would likely regain competency.
Defense attorney Tim Welygan said Nelson disagrees with the assessment and believes he is competent. He wants the case to proceed, Welygan said.
Judge Carey Reed ruled Nelson is currently not competent and ordered psychiatric treatment. The criminal case is now on hold while that treatment continues. A review hearing is scheduled for May 11.
The case began when Calumet County Sheriff’s Office deputies were dispatched to a home in the W2000 block of County Trunk Highway HR for a medical call. According to the criminal complaint, Nelson was standing in the driveway with blood stains on his pants.
“[He] made a statement along the lines that someone was inside, he did not know who they were, and stated they were on top of them. Kenneth then stated it was self-defense,” the complaint says.
The victim was found dead inside the home with “very severe facial injuries.” Glass and a ceramic pot were located smashed near the man’s body with blood on them. A vacuum next to the victim’s head was also covered in blood.
According to the complaint, Nelson was diagnosed with schizophrenia in 2009.
Kenneth indicated when he came back down the stairs, a man grabbed him by the neck and slammed him into the door near the landline phone. Sgt. Inv. Menzel asked Kenneth who grabbed him. Kenneth responded and stated, “The person on the ground I don’t know who he is”. Kenneth then mentioned there was a man on the ground by the “cooler”. Kenneth indicated he was on the ground for 10 minutes and the man was “choking him out”. Kenneth stated, “I was on the ground for 10 minutes, he was choking me out, and then I had to roll around five different times to get out of self-defense from being assaulted and killed and that was the way it ended. I was on the ground for 10 minutes and three minutes later I was done”. Sgt. Inv. Menzel asked Kenneth what he was done with. Kenneth responded and stated, “Getting self-defense and away from him.
At his first court appearance, when asked by Judge Reed if he had read the criminal complaint, Nelson said, “Not guilty in self-defense is what I read.”
Reed set a $2 million cash bond.
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