CHILTON, WI (WTAQ-WLUK) — A judge kept an ‘involuntary medication’ order in place for Kenneth Nelson, after being ruled incompetent to stand trial for allegedly killing his father. However, a recent report shows he remains incompetent to stand trial, and Nelson resists taking the medication, attorneys said Wednesday.
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. With him deemed incompetent, the criminal case is paused for psychiatric treatment.
After ruling Nelson incompetent, Judge Carey Reed ordered the involuntary administration of medication at a July hearing.
In court Wednesday, defense attorney Lucas Swank asked for that order to be reversed, saying Nelson doesn’t want to take the drugs, and there’s no evidence it will work.
However, Judge Reed ruled that medication remains the best option for Nelson to regain competency.
Another motions hearing is scheduled for Friday to discuss possible changes in the medication and treatment, and the most recent competency report.
District Attorney Nathan Haberman said that report shows no change; Nelson is currently incompetent to stand trial but may regain competency.
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.”
