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Charges stemming from jailhouse fight thrown out at trial
EAU CLAIRE — The case against a man charged after a 2024 jailhouse fight ended with a rare victory for a motion seeking a directed verdict.
Kemone Golden, 29, faced a charge of battery by prisoners, a Class H felony under Wisconsin law. His trial began Monday morning and ended in the early afternoon when the defense asked for the case to be dismissed.
A motion for a directed verdict asks the judge to determine that no reasonable juror could find in favor of one of the sides due to insufficient evidence. It's a common motion, especially for the defense, since it carries no risk to the presentation of their case at trial. Success for such a motion is rare, though.
Judges generally prefer to leave cases in the hands of jurors as finders of fact. A directed verdict takes the decision out of their hands, ending the case before deliberation. But, when it's clear one party in a case hasn't provided enough evidence, a directed verdict avoids wasting time for the court, jurors and the parties involved.
In Golden's case the defense had already moved several times to have the case tossed. Court records show the first request to dismiss the case was made just a few minutes after jurors were sworn in. Judge Beverly Wickstrom didn't immediately rule on it, and the defense renewed the motion during a break about an hour later. Again, Wickstrom withheld a ruling.
It was after the state's first witness, a correctional officer from the Eau Claire County Jail, testified that Wickstrom granted the motion for a directed verdict. The court brought jurors back in and told them the case was dismissed and that they were excused.
Dismissal of the case doesn't mean Golden is free, though. He was one of four men convicted in 2024 in the shooting of Christopher Connor, who died after being hit by bullets fired from a vehicle in 2022. State records show Golden is being held in the Stanley Correctional Institution with a maximum discharge date of June 2038.
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