Edited at 10:30p for clarity
One of the two brothers who died in the Thanksgiving night shooting outside of a Twin Lakes bar had thrown a bottle that had shattered a window on the suspect's truck--- just before the suspect got out and fired the fatal shots, according to at least one witness.
25 year-old Nathan Kivi made his initial appearance in Kenosha Court Tuesday in the deaths of 31 year-old Ken Samuel and his 28 year-old brother, Richard. Bond was set at $2 million, twice as high as had been requested by District Attorney Mike Graveley.
The criminal complaint includes a lengthy chronology of what led up to the shooting. "This is another one of those cases where a small argument in a bar becomes a homicide," Graveley said after court. "It's another one of those cautionary tales."
Kivi shouldn't have been drinking in the first place that night let alone be in possession of a firearm. In addition to having a lengthy record of convictions, Kivi was out of jail on bond in a pending domestic violence case from Walworth County.
But according to the complaint, Kivi and several friends were at the Beach Bar late Thursday night when a verbal argument broke out. The dispute wound up in the parking lot, where Kivi reportedly fired a gun into the air, then got into his truck to leave. That's when the brothers, according to witness Shelbey Kowalski, started running after the truck. One of the brothers then threw the beer bottle that shattered the window, she said.
The complaint said Kivi stopped, grabbed his gun from the center console, got out and fired numerous shots at the victims before fleeing.
One of Kivi's friends, David Mclsaac, said he was sitting on the passenger side of Kivi's truck and tried but failed to block Kivi from removing the gun. At that point, Mclsaac said he jumped out and started running just as shots rang out.
Kivi was arrested later in the day on Friday as he was driving to a relative's home.
According to the complaint, Kivi spoke briefly to an investigator, telling him that at the time of the shooting he was "blackout drunk." He admitted to being upset and firing what he called a warning shot. "When I'm piss-drunk this isn't good," Kivi purportedly said. "Get me drunk and it's ugly. It's not all the time, but when I start drinking, don't piss me off."
The complaint says Kivi then asked for an attorney and the interview was terminated.
In court Tuesday, Kivi's attorney said her client was a graduate of Wilmot High School and had been employed as a cement finisher.
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