Janesville homicide suspect pleads guilty

By TED SULLIVAN   Tuesday, Jan. 12, 2010
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WCLO's Steve Benton reports a 37 year old Milton man pleads guilding to first degree intentional homicide in Rock County court

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Homicide suspect Kyle Hicke

Homicide suspect Kyle Hicke

— The man accused of fatally shooting his ex-girlfriend in the city’s Fourth Ward neighborhood pleaded guilty Monday to first-degree intentional homicide.

Kyle E. Hicke, 38, of 108 Forest Lake Drive, Milton, will face a mandatory life sentence April 14. The prosecution and defense will argue when or if he should be considered for parole.

In exchange for the guilty plea, prosecutors dismissed related charges of first-degree reckless endangerment, possession of a firearm by a felon and attempting to flee or elude an officer.

Hicke was arrested after the April 22 murder of Erica M. Ostenson, 25, of 4122 S. Academy St., Janesville. After the killing, Hicke is accused of leading police on a high-speed chase that ended when police rammed his vehicle.

District Attorney David O’Leary said after the Monday hearing that the plea agreement forces Hicke to take responsibility for his crime. He said it also allows the state to argue for a life sentence.

Hicke’s attorneys, Kelly Mattingly and Laura Breun, can argue for a shorter prison sentence.

Hicke appeared in court in a collared shirt and dress pants. His hair was cut short, a change from his previous appearances.

Hicke told the judge he understood his rights and the charges against him. He said he was voluntarily pleading guilty. He said he had no friends or family in the courtroom.

About 25 of Ostenson’s family members and friends attended the court hearing. One of them clapped after Hicke pleaded guilty. After the hearing, some of Ostenson’s supporters hugged in the hallway.

According to the criminal complaint:

Hicke was smoking marijuana and heartbroken the morning he is accused of killing Ostenson.

He grabbed a .380-caliber semiautomatic pistol in his father's closet and went to talk to Ostenson at her home.

She rejected him.

“I have fallen out of love with you, and I am in love with my new boyfriend,” Ostenson told Hicke.

Hicke then repeatedly punched Ostenson in the face and shot her multiple times in front of Ostenson’s 5-year-old son.

“I wanted her to feel my pain,” Hicke later told police.

Police chased Hicke after the shooting, eventually catching him.

Attorneys for Hicke filed a motion to suppress Hicke’s statements to police and a motion to move the trial out of Rock County, but they later withdrew the motions.

Hicke and Ostenson had dated for five years. They had lived together for three years and six months.

Hicke remains in the Rock County Jail without bond.

reader COMMENTS
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(50)
catdog
Feb 10, 2010 at 2:27 p.m.
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Tis' a sad story but it sounds like she was seeing another guy, he got p____d, got a gun, shot her, gets life in prison. I feel for the kid. The man had no self control but he'll learn some where he's going eh?

Vinnehkins
Jan 16, 2010 at 7:32 p.m.
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Rot. In. Hell.

He killed a girl I knew in school, and he did it in front of a child, HER child.

He needs to sit in that cell like the psychopath he is and stay away from any other female he might decide to kill because she finds out he's a creepy piece of garbage.

My heart still goes out to her family and closest friends, and I hope they're all doing well.

And honestly, he doesn't deserve the death penalty, that fate would be too kind and easy for him. Let him rot.

justaguy
Jan 13, 2010 at 6:12 p.m.
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dub: My bet is he was alittle off his rocker already but if say smoking pot won't put you in a deeper depressed feeling or a "feel sorry for me" state i'd say your wrong. Pot may be fine for some but just like drinking it can have a diff affect on people, i've seen it work both ways on people.

justaguy
Jan 13, 2010 at 6:04 p.m.
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freeradical: If the kids knew or not they still are the VICTIMS, ... if you can't see that you are either playing blind or just stupid. Now they could be without parents or could be sent to foster care, and you have no idea what was kept in the house they lived in, most likely the money was kept there .... but that's a diff blog.

frogger
Jan 13, 2010 at 3:23 p.m.
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bucks- I second that !
Pronoun- I thought it was the TV that made him do it?

freeradical
Jan 13, 2010 at 1:36 p.m.
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justaguy
the only reason kids were involved was because their parents were the ones who were busted.
All illegal activity as far as growing and processing was done in an entirely different house. The kids probably had no idea their parents grew plants in another basement.

greatplain
Jan 13, 2010 at 8:43 a.m.
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dub190: Bleeding heart liberals...darn they must be the majority who let all of this happen. And those "tough" Conservatives, who often are Christians...so
"strong" and "forgiving".

SuperDave
Jan 13, 2010 at 8:37 a.m.
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When an angry, out-of-control loser smokes pot, he or she is still an angry, out-of-control loser. While pot is not associated with causing violence or aggression, neither it is known for reducing violence or aggression.
I bet this out-of-control loser had coffee that morning, maybe the caffeine put him over the edge?

prounion
Jan 13, 2010 at 8:16 a.m.
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The pot didn't make him do it - it was a lie he told in a feeble attempt to gain sympathy from folks that are ignorant to the fact that pot is far less dangerous than alcohal.

SarahB1
Jan 13, 2010 at 5:11 a.m.
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Good point, truecitizen.

truecitizen
Jan 13, 2010 at 1:34 a.m.
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I was going to jump in on the "kid" also, but you are doing a fine job of it already folks!

I have always wanted to comment on how professional I think it was for the officer who is giving comfort to the woman in that photo. Officers had to deal with the chase, crime scene, and other tangible high maintenace issues that day. They did a great job! I can't imagine losing someone in my family like that...

justaguy
Jan 12, 2010 at 10:19 p.m.
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The kid is over in the other blog crying over the 159 pot plants found ... you know the victimless crime? even tho kids were involved in that story.

metromilton
Jan 12, 2010 at 10:02 p.m.
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Hmmmm........no snarky comment or lecture by "the kid" on how pot does not hurt anyone?????

hardcoreirish1
Jan 12, 2010 at 10:01 p.m.
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I agree with most. What he did was a despicable act. I mean shoot someone because they rejected you IN FRONT OF THEIR CHILD!!!??? We, as tax payers, should not have to pay for people who commit this caliber of a crime to continue to live only to die in a cell. I have worked in a prison so I know first hand that it is not easy or all fun and games (yes you have three free meals, free health care, and a bed) but there is more that goes on and you only see it if you are inside those walls. Knowing that I still don't think prison is a worthy punishment for him-it may be bad but nothing compared to what her son will have to go through or what he will have to deal with for the rest of his life. Sorry for the harshness but I have no sympathy for this guy. Millions of people get rejected and they don't pull out a gun and shoot someone.

justaguy
Jan 12, 2010 at 8:46 p.m.
(This comment was removed by the site staff.)
ProudFighter11
Jan 12, 2010 at 7:38 p.m.
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Twas the pot that made him do it!

SarahB1
Jan 12, 2010 at 6:10 p.m.
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Ever watch "Lockdown"? Prison doesn't look like fun and games to me.

janesvillean
Jan 12, 2010 at 5:51 p.m.
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OkieFed, the point of prison is to *lock someone up*. The brutal punishment you crave would seem to violate the Eighth Amendment to the United States Constitution, itself mirroring the English Bill of Rights of 1689. The ACLU was not founded until 1920, so attributing this concept to them must involve time travel.

zook74
Jan 12, 2010 at 4:38 p.m.
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OkieFed: Really? Been there lately?

janesvillean
Jan 12, 2010 at 4:29 p.m.
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Hicke has not been sentenced, thus he cannot have received a sentence of "mandatory life".

cobradane
Jan 12, 2010 at 3:49 p.m.
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Hey, another D.A. success story. Parole?? What is there to discuss, he killed the girl in cold blood, what the hell is the D.A. thinking. He does not seem to remorseful Mr. D.A,. First sign of a socialpath. Mandatory life sentence is actually what it means, Mandatory life. NO PAROLE.

SuperDave
Jan 12, 2010 at 3:09 p.m.
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This boy should be eligible for parole just as soon as he completes his life sentence.

idratherbeboating
Jan 12, 2010 at 2:24 p.m.
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Nice do and prison pallor, in the photo, he should never again see the light of day.

I hope the little guy is able to sort this out somehow, otherwise he's bound for a hard life.

DanMan
Jan 12, 2010 at 2:16 p.m.
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Alright, I can't help this. I am not highly educated, but when a man is given a sentence of "mandatory life sentence", how on earth does he qualify for parole. This is the problem with our government and legal system. Truth in sentencing. It rather an oxymoron. If you want truth in sentencing. Give the dirt bag 60 years and let him mark his calendar. If one is incarcerated, they are expected to be "good". So early release for "good behavior" is ridiculous. This is something that will definitely change when we get true lawmakers in office and not greedy, selfish, pension builders. More intent on taking care of themselves and their buddies than the constituents the serve.

ljs64
Jan 12, 2010 at 1:31 p.m.
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"Love thy neighbor as thyself: Do not to others what thou wouldn't not wish be done to thyself: Forgive injuries. Forgive thy enemy, be reconciled to him, give him assistance, invoke God in his behalf."

Confucius
BC 551-479, Chinese Ethical Teacher, Philosopher

CHAOSWIZARD
Jan 12, 2010 at 12:36 p.m.
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personally i think life in prison is to good for him and he should be take out and done the same way he did to Erica M. Ostenson remember her name she may be gone but will never be forgotten..... the law sees fit to take a year to sentence this man and he receives his sentencing the day b4 her birthday how messed up is that crap the law should work faster than that no matter what the excuse is

westside
Jan 12, 2010 at 12:18 p.m.
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i am disgusted looking at his picture when i click on this website

Hollynfaith
Jan 12, 2010 at 11:53 a.m.
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My heart goes out to the little boy who has to grow up with this memory. How dare any defense attorney argue for a chance at parole after what this man has done. If he does this after a "hearbreak", I can't image what he'd do if someone really made him mad. Lock him up for life and throw away the keys.

bucks
Jan 12, 2010 at 11:06 a.m.
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if he gets life why drop other charges just put
him in general population and let the other
inmates take care of him like dallmer and save
the tax payers money

prevention
Jan 12, 2010 at 11:04 a.m.
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Mentor... you're right... it was a closed case before the police change got to Beloit! Not only did he kill someone (which is horrible enough), but he did it in front of Erica's child... what was he, 4 or 5?

I'm surprised the comments on this were allowed. I'm not saying it's good or bad, but I'm sure it'll get nasty by day's end.....

mentor397
Jan 12, 2010 at 10:56 a.m.
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Again, this seems like the most open and shut case there could ever be. There was no reason for the state to plea bargain this down at all. They should have had the trial and then there would have been no need to drop any charges that might have kept him in prison longer.

greatplain
Jan 12, 2010 at 10:40 a.m.
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Wisconsin is great because it doesn't have a death penalty. Janesvillian is correct with the numbers.
It costs more to litigate then pay for prisoner care.
People who are ready to kill others would be killers.
Lock'em up, make their life hell, (prison isn't fun), and then let them go to another after-life hell.

frusion
Jan 12, 2010 at 10:29 a.m.
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janesvillean,are your numbers based on litigation from someone fighting the conviction? What are the costs for someone that pleads guilty?

janesvillean
Jan 12, 2010 at 10:14 a.m.
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It is, again, sad that someone supposedly standing up for the victim would choose to do it by showing their own disregard for human life.
.
In any event, every state that has studied the issue has found the costs of the death penalty to be many times higher than life imprisonment. California spends more than $100 million annually for its death row prisoners and their case litigation, but has executed only 13 people since 1976.

packersfan1
Jan 12, 2010 at 10:10 a.m.
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I think they need to have the death penalty in Wisconsin. There is no reason taxpayers' money should wasted to keep this guy alive, when he obviously has no regard for human life.

etownguy
Jan 12, 2010 at 9:22 a.m.
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Why two clicks then a bang? What are you using a Colt revolver?

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