Kenneth Nelson (Calumet Co. Jail)
CHILTON, WI (WTAQ-WLUK) – A judge issued an “involuntary medication” order for Kenneth Nelson, as he gets psychiatric treatment after being ruled incompetent to stand trial for allegedly killing his father. But Monday’s ruling was stayed due to an automatic appeal to the Wisconsin Supreme Court.
Nelson, 41, is charged with first-degree intentional homicide for allegedly beating his father, Daniel, 66, 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. At a hearing in May, Judge Carey Reed ruled Nelson is not competent to proceed.
In court Monday, Dr. Kevin Hansen testified he wants to administer clozapine to Nelson, which he called the “gold standard treatment” for treatment-resistant schizophrenia.
However, due to side effects when Nelson previously took the drug, along with other medical concerns – including increased risk of infection due to lowered white blood cell counts – the defense opposed the order. Defense attorney Robert Welygan also noted clozapine is a pill, so there’s no way to ensure Nelson cooperates and ingests the medication.
Judge Reed noted the doctor said if the side effects present, Nelson would be taken off the drug. He approved the involuntary medication order.
Welygan said the defense would appeal, but the attorneys agreed there is an automatic transfer to the state Supreme Court for review.
No trial date has been set. Another hearing on the competency issue is scheduled for Aug. 12.
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.
Daniel Nelson 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 Reed if he had read the criminal complaint, Nelson said, “Not guilty in self-defense is what I read.”
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