DARLINGTON - A jury deliberated two hours and 20 minutes Oct. 13 before finding a Grant County man not guilty of attempted first-degree homicide and kidnapping in a case involving a Shullsburg woman.
The 12-person jury did find David Arnold Heisz, 59, Bagley, guilty of false imprisonment, first-degree recklessly endangering safety and battery. Those convictions could carry up to 13 years and three months in prison and nine years on extended supervision.
Sentencing is set for Dec. 20, but Heisz is due back in court Nov. 6 on three counts of felony bail jumping, filed Oct. 5, alleging he broke conditions of his bond on Sept. 26. State court records show no criminal record for Heisz prior to this year.
The felony bail jumping charges stem from a traffic stop Sept. 26 on an interstate in Pennsylvania. Heisz was traveling alone in a California rental car and said he was en route to Whitehaven, Pennsylvania. According to the criminal complaint, a search of the car produced two grams of crystal methamphetamine, six doses of LSD and 10 grams of psilocybin (psychedelic) mushrooms, along with drug paraphernalia.
The case that went before the jury stems from an incident March 2 in the Town of White Oak Springs. A Lafayette County Sheriff's deputy responding to a 911 call that night found a woman "panicking and crying" and running in a field off County I.
Another deputy conducting an unrelated traffic stop nearby on County W had heard a single gunshot. A .45 shell casing was later located on Penny Benton Road.
After an investigation, Heisz was arrested in Bagley. Deputies reported he had abrasions on his face and chest.
A .380 handgun was found in the bib pocket of his overalls, along with a clump of hair believed to be from the woman. In Heisz's vehicle, a deputy found a .45 caliber Regent 1911 semi-automatic handgun with a live round in the chamber and an extended magazine and a .45 caliber Para 1911 semi-automatic handgun fully loaded but missing one round.
Also found in the vehicle were zip ties that could be fashioned into handcuffs and a cloth bag filled with ammunition and magazines, along with a bracelet, purse and coat belonging to the woman.
The two-day jury trial began Oct. 12 with opening arguments.
Lafayette County District Attorney Jenna Gill promised to show that Heisz had three fully loaded handguns and planned to kill the woman during a violent confrontation in his vehicle on Penny Benton Road.
Heisz's defense attorney, John Smerlinski of Smerlinski Law Office in Monona, argued there were inconsistencies in the prosecution's case and presented a different scenario of events.
Victim's account
First to take the stand for the prosecution was the victim, Kami Adolf.
Adolf testified that on Feb. 28, she cleaned a house in Cassville and afterward went to Heisz's house to do her taxes on his computer. Heisz was home at the time. She said she had known Heisz for about 10 years and that he was a friend of the family.
The next time Adolf heard from Heisz was on a phone call March 2 at 3:30 p.m. She said he accused her of stealing money from him and had never heard him so upset. She told him she didn't take his money. She said she invited him to her home to sort it out.
At about 8 p.m., she saw Heisz was outside at her residence above Turpin's Grocery Store in Shullsburg in a silver Cadillac. He did not get out of the car. Adolf and her boyfriend, Nicholas Roberts, stood on the porch and argued about what to do next. Eventually Adolf went down to the Cadillac. Adolf said Heisz told her to get in the car.
When asked why she got into the car with Heisz, Adolf responded, "I didn't take the money, and I trusted him."
She said Heisz drove away and began accusing her of stealing the money. She noticed a handgun in the pocket of his jacket and got scared. She opened the car door and tried to get out at the stop sign by Centenary Methodist Church in Shullsburg. She said Heisz grabbed her arm and said, "You aren't going nowhere," then kept driving with the car door open.
Pictures were produced at the trial showing bruising on Adolf's bicep.
He continued driving and eventually pulled into a field off Penny Benton Road and turned off the lights, according to Adolf. She said he asked, "What are we going to do about this?" and she answered, "Please don't kill me."
Adolf said she was trying to get out of the car when Heisz punched her head and ear and then forced her head down to the car's center console and grabbed her by the hair. She said at that point she fought back by grabbing his beard and kicking him. She said Heisz yelled, "Let go of my beard," and she yelled "Let go of my hair." Adolf said she was able to kick her way free and got out of the car.
A clump of hair later found on Heisz was entered into evidence.
Adolf said she took off running and got 20 to 25 feet away when she heard a gunshot. She called 911 and continued running through a dense forest in pitch-black conditions until she found the road.
In cross-examination, the defense established that Adolf had borrowed $200 from Heisz in the past, voluntarily got into his car, never saw the direction Heisz pointed the gun and that Heisz never said he was going to shoot her. Adolf also said she knew Heisz had a concealed-carry permit.
Defense
Heisz then took the stand and gave his account of events.
He said Adolf, after cleaning a house in the area, came to his house on Feb. 28 to do her taxes on his computer.
Heisz said he had a magnetic safe box under the desk where she was working. On March 2, he noticed money was missing from the safe box.
"I was upset because she was the only one that could have taken it," he said.
He then called Adolf and accused her of taking the money. She denied that she took the money and told Heisz that if he didn't believe her, he could come see for himself. Heisz said that while he was getting ready to leave, he didn't know what he was going to run into and that she was known to carry weapons.
"So I took an extra gun," he said.
Heisz clarified that he always carried a .380 handgun and there was always a .45 caliber Para handgun in the car, so he only took one extra gun - the .45 caliber Regent handgun.
He said he found out where she lived by making a phone call to a friend and then drove to Shullsburg.
After he got there, he said she approached the car and told him, "I didn't take your money." Heisz responded, "Let's go for a ride."
"After we parked in the field I started asking her about the money. She said she didn't take it. I said you're the only one that could've taken it. She handed me her purse and I found $40 in there," he said.
"Then she handed me her coat. I searched the coat and found nothing. She said, 'You want to pat me down, too?' I said 'Yeah.' Before I reached for her, she grabbed my beard. She had a good handful. She started hitting and scratching me with her other hand so I grabbed her hair. She said, 'Let go of my hair,' and I said, 'Let go of my beard.' She then got her feet around and kicked me about 10 times with steel-toed boots.
"She kicked my gun in my jacket pocket. So I thought she was going for my gun. So I pushed her away so she couldn't get my gun. She opened the passenger door and fell on the ground ... and started running."
When asked who made the first physical contact, Heisz said that Adolf did by grabbing his beard and scratching and hitting him.
"After she took off, I opened the door to look for my glasses and found them. I checked my .45 Para and the hammer was cocked, ready to fire. I wanted to put the hammer back down so it wouldn't fire. When I did that, I held it up in the air and that's when it went off. I threw it in the back seat, got back in the car and then drove off," he said.
When asked if he made any effort to see which way she ran, Heisz answered, "No, I didn't chase her with the car, I didn't fire twice. I didn't care which direction she went."
Heisz continued, "I then drove home. I had her coat and purse, so I thought I could get a couple of bucks for them. I didn't think I did anything wrong. That's why I didn't get rid of her stuff or my guns."
He said he didn't intend to harm Adolf.
The 12-person jury did find David Arnold Heisz, 59, Bagley, guilty of false imprisonment, first-degree recklessly endangering safety and battery. Those convictions could carry up to 13 years and three months in prison and nine years on extended supervision.
Sentencing is set for Dec. 20, but Heisz is due back in court Nov. 6 on three counts of felony bail jumping, filed Oct. 5, alleging he broke conditions of his bond on Sept. 26. State court records show no criminal record for Heisz prior to this year.
The felony bail jumping charges stem from a traffic stop Sept. 26 on an interstate in Pennsylvania. Heisz was traveling alone in a California rental car and said he was en route to Whitehaven, Pennsylvania. According to the criminal complaint, a search of the car produced two grams of crystal methamphetamine, six doses of LSD and 10 grams of psilocybin (psychedelic) mushrooms, along with drug paraphernalia.
The case that went before the jury stems from an incident March 2 in the Town of White Oak Springs. A Lafayette County Sheriff's deputy responding to a 911 call that night found a woman "panicking and crying" and running in a field off County I.
Another deputy conducting an unrelated traffic stop nearby on County W had heard a single gunshot. A .45 shell casing was later located on Penny Benton Road.
After an investigation, Heisz was arrested in Bagley. Deputies reported he had abrasions on his face and chest.
A .380 handgun was found in the bib pocket of his overalls, along with a clump of hair believed to be from the woman. In Heisz's vehicle, a deputy found a .45 caliber Regent 1911 semi-automatic handgun with a live round in the chamber and an extended magazine and a .45 caliber Para 1911 semi-automatic handgun fully loaded but missing one round.
Also found in the vehicle were zip ties that could be fashioned into handcuffs and a cloth bag filled with ammunition and magazines, along with a bracelet, purse and coat belonging to the woman.
The two-day jury trial began Oct. 12 with opening arguments.
Lafayette County District Attorney Jenna Gill promised to show that Heisz had three fully loaded handguns and planned to kill the woman during a violent confrontation in his vehicle on Penny Benton Road.
Heisz's defense attorney, John Smerlinski of Smerlinski Law Office in Monona, argued there were inconsistencies in the prosecution's case and presented a different scenario of events.
Victim's account
First to take the stand for the prosecution was the victim, Kami Adolf.
Adolf testified that on Feb. 28, she cleaned a house in Cassville and afterward went to Heisz's house to do her taxes on his computer. Heisz was home at the time. She said she had known Heisz for about 10 years and that he was a friend of the family.
The next time Adolf heard from Heisz was on a phone call March 2 at 3:30 p.m. She said he accused her of stealing money from him and had never heard him so upset. She told him she didn't take his money. She said she invited him to her home to sort it out.
At about 8 p.m., she saw Heisz was outside at her residence above Turpin's Grocery Store in Shullsburg in a silver Cadillac. He did not get out of the car. Adolf and her boyfriend, Nicholas Roberts, stood on the porch and argued about what to do next. Eventually Adolf went down to the Cadillac. Adolf said Heisz told her to get in the car.
When asked why she got into the car with Heisz, Adolf responded, "I didn't take the money, and I trusted him."
She said Heisz drove away and began accusing her of stealing the money. She noticed a handgun in the pocket of his jacket and got scared. She opened the car door and tried to get out at the stop sign by Centenary Methodist Church in Shullsburg. She said Heisz grabbed her arm and said, "You aren't going nowhere," then kept driving with the car door open.
Pictures were produced at the trial showing bruising on Adolf's bicep.
He continued driving and eventually pulled into a field off Penny Benton Road and turned off the lights, according to Adolf. She said he asked, "What are we going to do about this?" and she answered, "Please don't kill me."
Adolf said she was trying to get out of the car when Heisz punched her head and ear and then forced her head down to the car's center console and grabbed her by the hair. She said at that point she fought back by grabbing his beard and kicking him. She said Heisz yelled, "Let go of my beard," and she yelled "Let go of my hair." Adolf said she was able to kick her way free and got out of the car.
A clump of hair later found on Heisz was entered into evidence.
Adolf said she took off running and got 20 to 25 feet away when she heard a gunshot. She called 911 and continued running through a dense forest in pitch-black conditions until she found the road.
In cross-examination, the defense established that Adolf had borrowed $200 from Heisz in the past, voluntarily got into his car, never saw the direction Heisz pointed the gun and that Heisz never said he was going to shoot her. Adolf also said she knew Heisz had a concealed-carry permit.
Defense
Heisz then took the stand and gave his account of events.
He said Adolf, after cleaning a house in the area, came to his house on Feb. 28 to do her taxes on his computer.
Heisz said he had a magnetic safe box under the desk where she was working. On March 2, he noticed money was missing from the safe box.
"I was upset because she was the only one that could have taken it," he said.
He then called Adolf and accused her of taking the money. She denied that she took the money and told Heisz that if he didn't believe her, he could come see for himself. Heisz said that while he was getting ready to leave, he didn't know what he was going to run into and that she was known to carry weapons.
"So I took an extra gun," he said.
Heisz clarified that he always carried a .380 handgun and there was always a .45 caliber Para handgun in the car, so he only took one extra gun - the .45 caliber Regent handgun.
He said he found out where she lived by making a phone call to a friend and then drove to Shullsburg.
After he got there, he said she approached the car and told him, "I didn't take your money." Heisz responded, "Let's go for a ride."
"After we parked in the field I started asking her about the money. She said she didn't take it. I said you're the only one that could've taken it. She handed me her purse and I found $40 in there," he said.
"Then she handed me her coat. I searched the coat and found nothing. She said, 'You want to pat me down, too?' I said 'Yeah.' Before I reached for her, she grabbed my beard. She had a good handful. She started hitting and scratching me with her other hand so I grabbed her hair. She said, 'Let go of my hair,' and I said, 'Let go of my beard.' She then got her feet around and kicked me about 10 times with steel-toed boots.
"She kicked my gun in my jacket pocket. So I thought she was going for my gun. So I pushed her away so she couldn't get my gun. She opened the passenger door and fell on the ground ... and started running."
When asked who made the first physical contact, Heisz said that Adolf did by grabbing his beard and scratching and hitting him.
"After she took off, I opened the door to look for my glasses and found them. I checked my .45 Para and the hammer was cocked, ready to fire. I wanted to put the hammer back down so it wouldn't fire. When I did that, I held it up in the air and that's when it went off. I threw it in the back seat, got back in the car and then drove off," he said.
When asked if he made any effort to see which way she ran, Heisz answered, "No, I didn't chase her with the car, I didn't fire twice. I didn't care which direction she went."
Heisz continued, "I then drove home. I had her coat and purse, so I thought I could get a couple of bucks for them. I didn't think I did anything wrong. That's why I didn't get rid of her stuff or my guns."
He said he didn't intend to harm Adolf.