WAUKESHA, Wis. – A Waukesha County jury found Kevin Sehmer – the man accused in the death of Josh Davies – guilty at trial on Thursday.
Prosecutors said the 65-year-old Sehmer punched Davies in the head over tattoos. Davies died from his injuries weeks later.
The jury of seven women and five men had the case for about three hours. Sehmer was charged with felony murder (battery) – though he was previously charged with second-degree reckless homicide.
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Closing arguments
The defense rested its case early Thursday – and both sides then presented closing arguments to the jury – taking roughly 45 minutes each.
Prosecutors argued that Sehmer was “looking for a fight,” while his defense team argued the 65-year-old was defending himself.
“The videos do show he lunged at him, and Mr. Davies had something in his hand. It was the stool,” Defense Attorney Scott Schiro said.
Jurors heard four contradictory accounts from witnesses about who – if anyone – was holding the stool. Ultimately, the Waukesha County medical examiner’s testimony and Sehmer’s own words were insurmountable for the defense.
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“Remember how she described the level of force – the acceleration – that would have had to have occurred, in order for Josh to have the injuries that he did,” District Attorney Sue Opper said.
“If you want to use the word ‘violently,’ I don’t think that’s fair,” said Sehmer. “I would say, yes, I pushed him.”
Davies’ death
Prosecutors said Sehmer got into a fight with Davies outside Tabi’s Wine Bar in Hartland last summer. Investigators said Sehmer made comments about Davies’ tattoos – saying they were a sin – before punching Davies.
Davies fell backwards, hit his head on the concrete and died at a hospital nearly a month later. Schiro argued Davies was “grossly intoxicated” and said Sehmer was trying to protect himself as Davies lunged at him with a metal stool.
Surveillance shows Josh Davies, Kevin Sehmer inside bar on June 17, 2023
Investigators said Davies suffered two skull fractures and bleeding on his brain.
Sehmer denied punching Davies but told police he had “violently push” him. Police said both men were strangers to each other before the altercation.
Family emotional
More than a year after Davies’ death, his family now has justice.
“I got this tattoo and I got his arm bands on,” said Edward Davies, Josh’s father. “We’re very happy with the way it turned out.”
“Josh was a lover – not a fighter,” Josh’s mother, Patti Pearson, said. “Never, never.”
Complete trial coverage
Day 1: Wisconsin man punched over tattoos dies, Kevin Sehmer trial begins
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Prosecution, defense present opening statements
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Bar fight video discussed in court
Day 2: Wisconsin man punched over tattoos; conflicting testimony in Sehmer trial
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