Richard Seehaver
By LeAnn R. Ralph
MENOMONIE — Former Colfax resident Richard Seehaver has been found guilty in Dunn County of second degree intentional homicide in the death of 54-year-old John M. Likeness in December of 2018.
Seehaver, age 53, appeared with his attorneys, Shelly Tomtschik and Donna Burger, for a plea hearing before Judge Rod Smeltzer in Dunn County Circuit Court April 23.
Seehaver initially was charged with first degree intentional homicide. He entered a plea of “no contest” to one felony count of second degree intentional homicide with modifiers of use of a dangerous weapon, as a repeat offender, and domestic abuse with the infliction of physical pain or injury.
Judge Smeltzer accepted Seehaver’s plea and found him guilty of killing Likeness at their home in Menomonie.
Second degree intentional homicide carries a penalty of up to 60 years in prison, and each of the modifiers carries additional penalties, including six more years in prison for being a repeat offender with a prior felony conviction and five more years in prison for use of a dangerous weapon, Judge Smeltzer said.
When Judge Smeltzer asked if it was true Seehaver was not disputing the facts included in the criminal complaint, Seehaver answered “true” in a faltering voice that was not as vigorous as his previous replies.
Judge Smeltzer noted Seehaver had shot Likeness with a crossbow and that Seehaver had told investigators Likeness was not yet dead when “the cops were knocking on the door,” so Seehaver had cut Likeness’s throat “to hurry it along.”
Dunn County District Attorney Andrea Nodolf referenced a Sawyer County case, 15CF180, as the previous felony conviction for Seehaver that resulted in the repeat offender modifier.
Seehaver pleaded no contest in Sawyer County in February of 2016 to one felony count of possession of an electric weapon. Sentence was withheld, and Seehaver was ordered to complete two years of probation, was fined $656 and was ordered to have no contact with Honor the Earth Pow Wow.
Plea agreement
As part of the plea agreement, Nodolf said Seehaver’s defense attorneys will not argue for less than 15 years in prison, that the state can argue for more than 15 years in prison, and that the court is not bound by the plea agreement.
Judge Smeltzer ordered a pre-sentence investigation. A two-hour sentencing hearing is scheduled June 18 beginning at 2:30 p.m.
Judge Smeltzer acknowledged that completing a PSI in such short amount of time could be difficult and asked if it would be acceptable to have the sentencing hearing in July.
Seehaver’s attorney, Burger, said July would not be at all acceptable.
Seehaver told the court he wished the sentencing hearing could be held “tomorrow.”
A four-day jury trial was on the court schedule for July.
At the time of the plea hearing, Seehaver remained in custody at the Dunn County Jail on a $500,000 cash bail.
Seehaver and Likeness were both early 1980s graduates of Colfax High School, and according to the criminal complaint, Seehaver told investigators he had lived in the house in Menomonie with Likeness for a few months and had lived with Likeness in Cedar Falls before that.
911 call
According to the criminal complaint, the Menomonie Police Department received a 911 call at about 3:18 p.m. Sunday, December 30, 2018, from an unknown man reporting an altercation at 603 15th Street SE in Menomonie.
The officer knew John Matthew Likeness and Richard W. Seehaver resided at the residence. As the officer walked past the first window on the southeast side of the residence, he saw a man, later identified as Likeness, sitting in a La-Z-Boy chair, and it appeared that Seehaver’s arms were wrapped around Likeness’s neck.
Other officers arrived on scene, and while one officer requested medical assistance, the first officer attempted to breach the door but discovered it was dead bolt locked. While other officers obtained tools to breach the door, the first officer observed through the window that Seehaver appeared to be wiping Likeness’s chest. The officer banged on the window with his flashlight to get Seehaver’s attention, and when Seehaver walked toward the window and asked the identity of the officer, the officer saw blood on Seehaver’s face and on his clothing, the complaint states.
Likeness, who appeared to be deceased, was seated in the chair with an arrow sticking out of his chest, a large wound in his jaw and neck area, and blood all over his body. A knife was found on a blanket on the floor next to the chair where Likeness was seated, according to the complaint.
Competency
During a court hearing February 28, 2019, after the court received a competency evaluation completed by Dr. Donna Minter, a clinical psychologist, Judge Smeltzer ordered Seehaver remanded to the Mendota Health Institute for medication and treatment.
Dr. Minter indicated Seehaver’s competency would be restored with medication and treatment, Judge Smeltzer said, and after Seehaver was determined to be competent, he would return to the court for further proceedings.
During the February hearing, Judge Smeltzer also found Seehaver was incompetent to refuse medication or treatment.
Judge Smeltzer agreed to set a status hearing in six months and scheduled the hearing for September 9.
Another competency evaluation was submitted to the court in May of 2019, and Seehaver was determined to be competent to proceed with the case.
