Marcus Sevilla beat a man—nearly to death—with a baseball bat, but at his sentencing Friday his family vehemently disagreed with how the incident and Sevilla were characterized.
The victim, who in April went with a woman to pick up one of the woman’s birthday presents at Sevilla’s home, has metal plates in his head and lost some of his vision and hearing after he said Sevilla attacked him.
The woman said she had the victim accompany her that morning for her safety.
But in court Friday, Sevilla’s sister-in-law said the victim’s side of the case was “misconstrued” and called Sevilla a “great man and a great father.”
“Yes, he took a hard situation,” she said of the victim. “But he shouldn’t have been where he shouldn’t have been.”
Sevilla’s brother said the case had been an “injustice” and said some of the characterizations of his brother were lies.
Judge Phillip Koss said the context was not enough—what Sevilla did was way out of line. The judge sentenced Sevilla to 15 years in prison and 10 more years of extended supervision.
Sevilla, 49, of Mukwanago, pleaded guilty Nov. 14 to aggravated battery and first-degree recklessly causing injury related to the April 3 incident.
Town of East Troy police responded to W1518 County J that morning, when the victim, who was 41 at the time, was flown to Froedtert Hospital in Wauwatosa so doctors could remove part of his skull to relieve brain swelling, according to the criminal complaint.
District Attorney Zeke Wiedenfeld called Sevilla a “violent and dangerous person.” He said the victim at times during his transport stopped breathing and went into cardiac arrest.
“We are lucky we are not here on a homicide,” Koss said.
The victim almost did not want to come to Sevilla’s sentencing because of the emotional trauma, Wiedenfeld said.
Sevilla’s lawyer, Mark Pecora, asked for a sentence in line with what a state Department of Corrections presentence investigation called for because his client was older, remorseful, and had mental and physical health issues—including a heart condition, kidney disease and schizophrenia.
Pecora said Sevilla is not a violent person—his criminal record has been clean since a 1990 battery—but he argued the context leading up to the incident caused Sevilla to “literally snap.”
Pecora said the victim got into an argument with Sevilla and kicked down a screen door, but Pecora acknowledged Sevilla reacted “disproportionately.”
Sevilla apologized to everyone for his actions, saying he “overreacted.”
Koss said some people are dealt health issues, but Sevilla dealt the victim problems he will deal with for the rest of his life. While prison isn’t easy, Koss said he would rather “do some time and get out” than suffer the way the victim had.
“He will live with it forever,” Koss said.