Wisconsin man punched over tattoos dies, Kevin Sehmer sentenced

WAUKESHA, Wis. - The man convicted of killing a stranger because he didn’t like his tattoos is going to prison.

The victim's family wanted Kevin Sehmer to spend the next 15 years in prison, but with today’s sentence, Sehmer will spend seven years behind bars.

The memory of the man he killed will stay with loved ones forever.

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"I never imagined I’d be in a courtroom addressing the death of my husband," said Jennifer Davies.

A widow at 42-year-old, Jennifer broke down as she shared memories of her late husband, Josh.

"Josh was filled with laughter, love and kindness," Jennifer added.

Kevin Sehmer murdered Josh Davies last year.

The 65-year-old didn’t testify during his trial, but spoke to Davies’ family in court Friday, Sept. 6.

"I don’t dare ask for forgiveness, I don’t forgive myself," said Kevin Sehmer.

It all stems from this: Sehmer was inside a Hartland Wine Bar when Davies walked in.

Almost immediately, Sehmer lashed out at the complete stranger.

Sehmer said he didn’t like Davies’ tattoos. He later punched Davies outside the bar.

Davies died in a hospital a few weeks later.

A jury convicted Sehmer of felony murder.

"I know everyone is searching for answers. I don’t have any to bring peace. I don’t know why I went outside. Something triggered it," added Sehmer.

Davies' family hoped for a longer sentence. Ultimately, the judge sentenced sehmer to seven years in prison and five years probation, all for a senseless punch that took a husband, son, and father.

"You picked on the wrong guy when you picked on Josh, he was one of the good guys," Patti Pearson, Josh' mother.

"I guess our family was just hoping for a lot more today," said Jamie Davies, Josh’s sister.

Sehmer will get credit for the 423 days he’s already spent in jail.

Davies loved to play disc golf. His family dedicated a bench on his favorite course in Hartland in his memory.

Closing arguments

The defense rested its case early Thursday, Aug. 1 – and both sides then presented closing arguments to the jury – taking roughly 45 minutes each.

Prosecutors argued that Sehmer was "looking for a fight," while his defense team argued the 65-year-old was defending himself.

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"The videos do show he lunged at him, and Mr. Davies had something in his hand. It was the stool," Defense Attorney Scott Schiro said.

Jurors heard four contradictory accounts from witnesses about who – if anyone – was holding the stool. Ultimately, the Waukesha County medical examiner's testimony and Sehmer's own words were insurmountable for the defense.

"Remember how she described the level of force – the acceleration – that would have had to have occurred, in order for Josh to have the injuries that he did," District Attorney Sue Opper said.

"If you want to use the word ‘violently,’ I don't think that's fair," said Sehmer. "I would say, yes, I pushed him."

Davies' death

Prosecutors said Sehmer got into a fight with Davies outside Tabi's Wine Bar in Hartland last summer. Investigators said Sehmer made comments about Davies' tattoos – saying they were a sin – before punching Davies.

Davies fell backwards, hit his head on the concrete and died at a hospital nearly a month later. Schiro argued Davies was "grossly intoxicated" and said Sehmer was trying to protect himself as Davies lunged at him with a metal stool.

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Investigators said Davies suffered two skull fractures and bleeding on his brain. 

Sehmer denied punching Davies but told police he had "violently push" him. Police said both men were strangers to each other before the altercation.