Kenneth Nelson (Calumet Co. Jail)
CHILTON, WI (WTAQ-WLUK) — Kenneth Nelson is still not competent to stand trial for allegedly killing his father, a judge ruled Thursday.
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.
Dr. Amanda Hughes testified Thursday that while Nelson has a factual grasp of the legal system, he continues to have “disturbances of thought.” His schizophrenia is an impediment to assisting in his defense, she said.
Defense attorney Robert Welygan said Nelson believes he is competent to stand trial, and urged the judge to make such a ruling.
Judge Carey Reed called it “encouraging” that Nelson continues to make progress, but accepted Hughes’ diagnosis and ruled Nelson is currently not competent.
Another review hearing will be done Aug. 12. Until then, Nelson will continue to get treatment at the Winnebago Mental Health Institute, and the criminal case remains on hold.
This is the second consecutive finding of not being competent. A similar ruling was made Jan. 30.
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.”
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