HARTLAND, Wis. — A Brookfield man has now been charged with homicide after prosecutors say he punched a man in Hartland, resulting in his death a month later.
"This should've never happened. This man needs to pay to the fullest extent of the law," said the victim's mother, Patti Pearson.
Tearful pleas for justice were heard inside a Waukesha County courtroom, as the family of 39-year-old Joshua Davies came face to face with his alleged killer.
"For this to happen, it's just totally unacceptable," said Pearson.
According to an amended criminal complaint, Josh and his wife had gone on a date to Tabi's Lake Country Wine Bar last month, when 64-year-old Kevin Sehmer confronted Josh about his tattoos.
"There was nothing provoked in this. He was simply on a double date night with his wife, minding his own business, when somebody decided they didn't like the way he looked," said Pearson.
The complaint goes on to say that the couple decided to leave in an effort to ease the situation, but Sehmer followed them and proceeded to punch Josh outside the bar.
Witnesses say Sehmer swung and hit the victim in the face, and then the victim fell back and hit the back of his head on the concrete.
Hartland police say an officer was flagged down by a group of people and the officer found the victim lying on the sidewalk going in and out of consciousness. He was transported to the hospital with critical injuries.
"Mr. Sehmer struck the victim in the head with such force, that he immediately lost consciousness, fell to the ground, and struck his head further, which led to a significant head injury," said Waukesha County District Attorney, Susan Opper. "Sadly, the victim passed away earlier this week as a direct result of the injuries he suffered."
Following Josh's death Wednesday, Sehmer who was initially charged with aggravated battery on June 19, has since been charged with second-degree reckless homicide.
Sehmer's bail is now set at $100,000.
"We have mixed emotions. We are grateful that the gentleman that made bad choices and took a life, like that should have never been taken is in custody, but we remain quite concerned that it took so long, that the bail is so low," said Michael Elkins, a spokesperson for Josh's family.
"He doesn't have a voice, we are fighting for him now," said Josh's sister, Jamie Davies.
If convicted of both charges, Sehmer faces a maximum of 31 years in prison and a $110,000 fine.
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