Man sentenced for J-1 Lake Delton residence stabbing

A J-1 student from Ecuador was sentenced to prison Monday after admitting to stabbing another man in a dispute over a cellphone.

Sauk County Circuit Court Judge Wendy Klicko sentenced Fabian A. Villa Velez, 24, to six years in prison and four years of extended supervision for felony counts of first-degree reckless injury and first-degree recklessly endangering safety.

A count of first-degree attempted intentional homicide was dismissed, but read in, meaning it was considered in sentencing.

Speaking through an interpreter, Villa Velez apologized.

“I am very, very sorry for my actions,” Villa Velez said. “I am very sad. This is the first time, to tell you the truth, that I’ve had these types of problems. My whole life, I’ve just simply been about working. I’ve been working and with my family; I never thought I would face this type of problem coming here. I’d like to ask for forgiveness.”

Villa Velez admitted to the stabbing during a plea hearing March 17, where he entered pleas of no contest to the charges of recklessness and was found guilty. Klicko ordered a presentence investigation be conducted to gain background on Villa Velez and to recommend sentencing.

According to the criminal complaint, Villa Velez and another man physically fought in the early morning hours of July 26 after Villa Velez, panicked over the loss of his cellphone and only connection to his family in Ecuador, accused the man of stealing it. They fought outside the Bunker Run J-1 student housing building in Lake Delton.

Others stepped in to separate them. Surveillance video showed Villa Velez reach into his waistband after they had stepped apart and rushed the man, stabbing him more than once in the back. He then walked away and threw the knife.

Roughly 10 hours later, EMTs were called to the complex, where the man had put adhesive bandages on the wounds, measuring from 0.5 to 0.75 inches long. He was taken to UW Hospital in Madison. He had been stabbed three times. Staff said one was superficial, but that one had been close to his spine and the other near his lung.

Villa Velez told an investigator at the time that “it was like a demon came through him and he has never done anything like this before.” Villa Velez said, “I lost it” when he became panicked at the thought of not having any way to contact his family in South America.

The demon he referenced was noted in the presentence investigation, said Villa Velez’s defense attorney Ron Benavides during the sentencing hearing Monday.

Benavides argued that in conjunction with information provided by a psychologist in his home country, Villa Velez indicated to the presentence investigator that he has mental health issues, including the diagnosis of schizophrenia, and the possibility of a cognitive disability. Villa Velez said he has heard voices in his head since he was 19, Benavides said.

“He referred to the demon, he referred to voices and so on,” Benavides said. “A lot of negative type communication with the voices. All of that is at play when he made this immature, irresponsible decision.”

Benavides asked for consideration based on Villa Velez’s mental health issues and his immaturity. Villa Velez is not a dangerous criminal waiting behind a tree to attack, Benavides said.

Sauk County Assistant District Attorney Rick Spoentgen argued Villa Velez is a particular danger to the public because of his quick response in anger to any perceived slight. Spoentgen recommended Villa Velez be sentenced to seven years in prison and five years of extended supervision.

“The defendant didn’t come to the case with a criminal history, but he obviously has a serious one now,” Spoentgen said. “It seems that the defendant has engaged in a pattern of violent behavior over seemingly minor slights.”

Villa Velez was charged in November with battery by prisoners after he punched another jail inmate who was slapping the wall that adjoined his cell as he tried to sleep. The charge was dismissed, but read in to his sentencing.

Klicko ordered the same sentence for both counts. They can be served concurrently. Villa Velez was granted 336 days of jail credit.

As conditions of his extended supervision, Villa Velez must maintain absolute sobriety, seek and maintain full-time employment or schooling, undergo alcohol and other drug assessment and treatment and anger management assessment and treatment. He must submit a DNA sample as well.

Villa Velez is prohibited from having contact with the man he stabbed, his family members, home or place of employment. He cannot possess any alcohol or controlled substances and is prohibited from entering a business oriented for the primary sale of alcohol.

As part of his sentencing, Villa Velez must pay restitution for the medical costs incurred by the man he stabbed. He was ordered to pay more than $51,000 in restitution.