A prisoner at the New Lisbon Correctional Institution on a felony armed robbery conviction allegedly hit another inmate in the head 23 times after an argument over shower shoes and an insult about his chest.
Kenneth Smith, 29, a New Lisbon Correctional Institution prisoner, is charged with felony aggravated battery, repeater. He faces up to 15 years in prison or a fine of up to $50,000, or both, if convicted. As Smith has a previous conviction for felony armed robbery, the maximum term of imprisonment may be increased by an additional six years.
According to the criminal complaint:
On Oct. 10 Officer Kevin Weinshrott was dispatched to the New Lisbon Correctional Institution for a report of an assault by inmate Kenneth Smith on another inmate.
The lieutenant at the facility told Weinshrott that the victim was sitting when Smith came up behind him and hit him in the head 23 times. The victim was taken to Hess Memorial Hospital suffering from a broken orbital socket and a broken jaw.
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Weinshrott was able to speak to the victim on Oct. 19, with the victim telling Weinshrott he sat down at a table with two other inmates while eating his canteen when another inmate came up from behind and hit him several times in the head.
The victim stated he could only put his arms over his head to try to protect himself, and he could not recall the name of the inmate who attacked him. Asked why he thought he was attacked, the victim said he did not know. He further claimed he did not feel safe at the institution, and believed people were out to attack him. The victim filled out a lack of consent form and a voluntary statement form.
Weinshrott then spoke to Smith in the restrictive housing unit after reading Smith his Miranda warnings. Smith told the officer that he saw the video of the incident, and the video showed what happened.
Asked why he hit the victim 23 times in the head, Smith told the officer that two days prior to the incident he was walking to the shower in his shower shoes when the victim told him to “walk his a— back and change his shoes.” The victim also told Smith he had “nice tits.” Smith told the officer he does have “man boobs,” but he objected to people calling them “tits.”
Smith claimed he waited two days to attack the victim after the victim said those things because he just got his canteen, and he wanted to eat those items as they are not allowed in segregation.
Smith is scheduled for an initial appearance Dec. 18 at the Juneau County Justice Center.
Reach Christopher Jardine on Twitter @ChrisJJardine or contact him at 608-432-6591.