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Former Colfax man sentenced to 3 years in prison, 6 years extended supervision for domestic abuse

By LeAnn R. Ralph

MENOMONIE  — A Dunn County judge has sentenced a former Colfax man to three years in prison and six years of extended supervision after revoking a deferred prosecution agreement and probation related to stalking, false imprisonment and battery.

Kedar J. Davis, 20, appeared in Dunn County Circuit Court with his attorney, Richard L. Yonko, on April 27 for a sentencing hearing.

All together, in three separate cases involving the same woman, who will turn 20 later this year, Davis was charged with 10 felony counts of intimidating a victim, stalking, false imprisonment, strangulation and suffocation, substantial battery, and bail jumping. He also was charged with misdemeanor counts of knowingly violating a domestic abuse restraining order, battery, and disorderly conduct.

During a sentencing hearing last September, Judge Peterson accepted a Deferred Acceptance of a Guilty Plea (DAGP) agreement for one felony count of stalking.

A felony count of intimidating a victim and threatening force was dismissed, and a felony count of bail jumping and a misdemeanor count of knowingly violating a domestic abuse order/temporary restraining order were dismissed.

Judge Peterson dismissed a felony count of strangulation and suffocation, too, during the September of 2017 hearing along with two misdemeanor counts of battery and disorderly conduct in an earlier case brought against Davis.

On the charge of felony false imprisonment, Davis was ordered to have no contact with the 19-year-old victim and to complete any domestic violence programming ordered by his probation agent.

During the September of 2017 court hearing, Davis was sentenced to 40 days in jail and two years of probation.

In January of this year, Davis was charged with five felony counts of strangulation and suffocation, false imprisonment, intimidating a witness/threatening force, substantial battery intending bodily harm and felony bail jumping in yet another case involving the young woman that took place in Menomonie in December of 2017.

Judge Rod Smeltzer granted a four-year restraining order against Davis in Dunn County Circuit Court on January 31, 2017.

Trauma

According to the criminal complaint, an officer with the Menomonie Police Department responded to Culver’s on December 21, 2017, to meet with the victim regarding a domestic assault.

The officer described the young woman as appearing to be in fear, exhausted, with a pale complexion, bruising on her face and red blotches in the white portions of both of her eyes.

The victim told the officer she had endured verbal and physical trauma from Kedar J. Davis, her former live-in significant other, at a residence in Menomonie between December 17 and December 21.

Davis had asked the victim about her whereabouts after looking through her phone and photos, and if he did not like her answers, Davis responded by hitting her, according to the complaint.

The woman said Davis had struck her with an open hand, had punched and kicked her, and had “heel stomped” her chest and that he would strike her anywhere from one to five times after each question.

The victim also told the officer Davis had repeatedly struck her in the left ear and that she had lost consciousness for a brief period of time. At one point, when the victim refused to pick up Davis’s sweatshirt, Davis threw her to the ground and put the sweatshirt in her mouth, according to the complaint.

The woman said she had so many bruises from the trauma on December 17 that she believed she could not return home or be seen by her family members, and she missed work on December 18 because of her injuries. Davis told the woman to make up a story about a candle falling on her head and giving her a black eye, the complaint states.

The woman said most of the incidents occurred in her bedroom in the basement, which has a concrete floor, and that Davis dragged her over to the top of the stairs and pushed her down the stairs.

The victim said she tried to resist, but Davis blamed her for crying and resisting and justified his actions because she had resisted him, according to the complaint.

The woman also said Davis had pulled her off the bed by her ankles, causing her head to bounce off the concrete floor.

The alleged victim said she had yelled and screamed and begged Davis to stop and leave the residence, the complaint states.

More abuse

In one of the earlier cases, Davis forced the victim to recant previous statements made to the Dunn County district attorney and the victim-witness office so he “would not get more jail time” or “would not get a felony.”

Davis threatened to release inappropriate pictures of the victim to her family and to place them on social media. Davis also told the victim that if she testified, his family would testify she was “crazy” and said his family also would “jump” the victim, according to the complaint.

In addition, the complaint states Davis told the victim to tell the victim-witness office she had “imagined” he had strangled her.

A month later, Davis held the victim in his van in the parking lot of the hospital in Menomonie and physically restrained her and would not let her go and also pulled her hair, grabbed her and pushed her, according to the complaint.

Davis also called the victim from random phone numbers “at all hours of the day and night,” the complaint states.

Sentencing

During the April 27 court hearing, Judge Peterson sentenced Davis to one year of initial confinement in  state prison and two years of extended supervision on the charge of false imprisonment, to which Davis had pleaded guilty in September of last year.

For the felony count of intimidating a victim and threatening force from the most recent incident that had occurred in December and to which Davis pleaded guilty February 22, Judge Peterson sentenced Davis to two years of initial confinement in state prison and two years of extended supervision. The sentence is consecutive to the one year in prison and two years of extended supervision.

For the felony count of stalking, to which Davis also had pleaded guilty, Judge Peterson withheld sentence and placed Davis on two years of probation consecutive to the four years of extended supervision.

For the counts of battery and knowingly violating a domestic abuse restraining order from the incident in December, Judge Peterson sentenced Davis to nine months in jail concurrent with the prison sentence.

Davis will receive credit for 247 days already served.

Judge Peterson ordered Davis to pay $1,047 in court costs, $950 for the DNA surcharge, and $400 for the domestic abuse surcharge.

Judge Peterson also ordered Davis to follow the rules and programming set by his probation agent, to complete Moral Recognition Therapy, to maintain employment 40 hours per week (school or work or a combination), to have no contact with the victim or her family, and to have no drugs or alcohol.

In addition, Davis has been ordered to start paying restitution within 60 days after being released from extended supervision. He also is not allowed to possess firearms and is not allowed to vote until his civil rights have been restored.

Davis played football, basketball and was on the track team at Colfax High School and graduated from CHS in 2016.

He will turn 21 in September.