Murder suspect faces several charges

By TED SULLIVAN ( Contact )   Thursday, April 23, 2009
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Janesville police officers were still collecting evidence well into the afternoon at 412 1/2 S. Academy St. Police say Erica M. Ostenson died after being shot by her ex-boyfriend, Kyle E. Hicke at the house in Janesville's Fourth Ward neighborhood.

Janesville police officers were still collecting evidence well into the afternoon at 412 1/2 S. Academy St. Police say Erica M. Ostenson died after being shot by her ex-boyfriend, Kyle E. Hicke at the house in Janesville's Fourth Ward neighborhood.

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Kyle Hicke

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Erica Ostensen

— A Milton man accused of killing his ex-girlfriend in Janesville's Fourth Ward neighborhood was arrested on a homicide charge, police said this morning.

Kyle E. Hicke, 37, of 108 Forest Lake Drive, Milton, was arrested after a high-speed chase throughout Janesville and Beloit, said Dave Moore, acting police chief.

He is suspected of fatally shooting his ex-girlfriend, Erica M. Ostenson, 25, Janesville, at 9:16 a.m. outside her home at 412 1/2 S. Academy St., Moore said.

Janesville police are asking the Rock County District Attorney's Office to charge Hicke with first-degree intentional homicide, first-degree recklessly endangering safety and possession of a firearm by a felon, Deputy Chief Steve Kopp said.

Sheriff's officials are asking prosecutors to charge Hicke with fleeing an officer and recklessly endangering safety charges, Cmdr. Troy Knudson said.

Hicke could have his initial appearance in Rock County Court this afternoon after a criminal complaint is filed.

Hicke killed Ostenson in front of her son, Damon, 5, after an argument, Moore said. He is not the boy's father.

Hicke told police he was high on marijuana, Kopp said.

The boy told police that Hicke was at the house to say his last goodbye, Moore said.

Hicke then went to a pickup truck, grabbed a .380-caliber semiautomatic pistol and repeatedly shot Ostenson, police said.

Ostenson died at Mercy Hospital, Kopp said, and an autopsy was scheduled this morning to determine the number of gunshot wounds.

"I heard two gunshots. It was loud," neighbor Cory Musil said. "Obviously, he lost it."

Robert Benway, a neighbor bordering the backyard, said he heard several shots.

"He emptied the whole gun. You could tell," Benway said. "I didn't hear no screaming, no nothing."

Hicke then fled in his pickup truck, leaving the boy behind.

A high-speed pursuit

A sheriff's deputy saw Hicke southbound on Highway 51 south of Janesville, Sheriff Bob Spoden said.

Hicke led police and sheriff's deputies on a 90-mph chase to Beloit and back to Janesville, Spoden said.

Hicke threw a gun out of the truck during the pursuit, Moore said.

A weapon was found on Highway 51, he said.

Police used stop sticks and ramming maneuvers to try and stop Hicke, damaging patrol vehicles, Spoden said.

Hicke then twice drove past the crime scene, flipping the middle finger to police and others.

Neighbors scattered, running into houses and across lawns.

"He might pull out a gun again," Musil said. "He could drive right into us."

Sherry Musil was visibly nervous after the suspect drove by.

"Holy cow! We got scared to death!" she yelled. "We just ran onto the lawn over there at first. Then, when he came back around, we went home."

'Deadly force'

The chase ended at 9:49 a.m. at the intersection of Mineral Point Drive and Madison Avenue after officers successfully rammed Hicke's vehicle, he said.

No officers were injured, Moore said, and Hicke sustained minor injuries.

"He was clearly out of control and a danger to all of our communities," Moore said. "It was absolutely mandatory to take him into custody.

"Clearly this was a very dangerous situation for our community and for our officers," he said. "The correct decision in this matter was to use deadly force, and one type of deadly force is to ram that vehicle."

Threatening messages

Hicke and Ostenson had been dating for five years, friends said. They often argued.

Ostenson ended the relationship last month when Hicke went to jail, friend Brandi Wepking said.

Hicke was released from jail March 29 after serving a sentence on domestic disorderly conduct and traffic charges, Kopp said.

He was not in the jail's electronic monitoring or Workenders programs after his release, Knudson said.

He was living with his father in Milton, but he has previous addresses in Janesville, Kopp said.

He has a daughter, Phoenix, friends said.

Hicke's father declined to comment this morning.

Hicke wanted to reconcile with Ostenson, but she refused, Wepking said.

He then started threatening Ostenson, she said.

Ostenson's friends told her to call police, but she wouldn't, Wepking said. Instead, she returned Hicke's messages.

Amanda Helling, 24, a friend, said Ostenson was dating a new man. She said that angered her ex-boyfriend.

"He was mad that she didn't want to go out with him anymore," Helling said.

The 400 block of Academy Street was closed off with yellow police tape after the slaying. The house also was surrounded with police tape.

On Wednesday, Ostenson's neighbors and friends stood crying near the crime scene.

A history of violence

Hicke has been arrested six times for disorderly conduct and three times for battery, Moore said. Five of the arrests were domestic disturbances.

Hicke also was arrested for disorderly conduct and domestic violence in June 2008 after an incident with Ostenson, Moore said.

He has one previous felony conviction in October 2004 for eluding an officer in a vehicle, according to online court records.

Two-thirds of the homicides in Janesville stem from domestic violence, Moore said.

"This domestic situation is similar to many others," Moore said. "The most dangerous time for a victim is when she tries to leave the relationship."

Ostenson's son is with his grandmother, Moore said.

"I'd like to offer our thoughts and prayers to the family," he said.

The slaying remains under investigation.







reader COMMENTS (68)
Velheim
Apr 29, 2009 at 4:05 p.m.
(This comment was removed by the site staff.)
carrieo
Apr 27, 2009 at 4:10 p.m.
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i can tell you all this if damons father even tries to get custody of that little boy he will be denied no judge in their right mind will give him custody the boys grandma has custody and thats how it will remain untill that boy turns 18 as far as donations if there is no bank try the church mt zion in janesville they will pass it on to the family or even hansens funeral home

call1
Apr 27, 2009 at 12:12 p.m.
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If anyone has given to that fund, I'd check to see if charges can be filed for fraud or at least see if you can get your money back & get it to the right person. I almost fell for it myself, but since i live a little closer to the situation.. I thought better of it. MY cash is going to the Mother of Erica.. & I'm praying Dad doesn't get custody of this little boy. The child's been through more crap because of dead beats then any child should have to endure!

justcurious
Apr 26, 2009 at 5:55 p.m.
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AdamCavenagh: One minute you claim to be Damon's uncle, then you say your are "like" an uncle. Since you set up this website, why don't you tell everyone where the money is going that you are begging for (pennies)

brandy76128
Apr 26, 2009 at 4 p.m.
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what i would like to know as far as this fund for the little boy why isnt it going directly to a bank. alot of families will have funds that state make donations to a spicific bank,, any one know where the money is actually going?

justsoyouknow
Apr 26, 2009 at 3:51 p.m.
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My son is damons half brother...james doesn't do anything to support my son i doubt he does anything to support damon

justcurious
Apr 26, 2009 at 1:46 p.m.
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AaaaaHaaaaaaaaaaaaaaa! I told you - the website is a scam - look up the DADDY who is begging for money to help raise his son. Domestic abuse, disorderly conduct, restraining order, child support, eviction (while he lived with the defendent),operating while revoked, worthless checks,bail jumping, child support. There you go all you people who have been bashing me for pointing out the obvious. You want him raising your kids - better yet send him some money!

justsoyouknow
Apr 26, 2009 at 12:20 p.m.
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damon's fund is a fishing scam the last name is secor he has been in jail for domestic abuse and he has a 7 year old son that he doesn't support

justsoyouknow
Apr 26, 2009 at 12:10 p.m.
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I honestly don't know why my comment keeps on getting removed i'm not against funds for the family as long as they go to the deserved person....i'm only trying to let unsuspecting people who donate to damon's fund whats really up
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I just want everyone who is considerin donating money to damons fund to give it to the grieving family and not damons fater.....His last name is secor and he has spent time in jail himself for the same type of thing..... I should know i'm one of his victims....He's been in jail for domestic violence i know this for a fact....I am also the mother of his seven year old son that he has not supported...James is just fishing for money because he doesn't work...He will not use that money for his son...and i hope the courts will see his record and keep him from getting custody...damons been through enough he doesn't need anymore trauma....DON'T TRY TO DENY THIS J.W. YOU KNOW WHO THIS IS AND YOU KNOW I'M TELLING THE TRUTH

justsoyouknow
Apr 26, 2009 at 12:06 p.m.
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justcurious:S stands for secor

justsoyouknow
Apr 26, 2009 at 11:49 a.m.
(This comment was removed by the site staff.)
justsoyouknow
Apr 26, 2009 at 10:30 a.m.
(This comment was removed by the site staff.)
gazettefan
Apr 25, 2009 at 2:57 p.m.
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Yes, JimPl. gina51 should hire herself out as a professional mourner once she gets her routine down pat.

justcurious
Apr 25, 2009 at 2:37 p.m.
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Call1: I think it is weird that the website that these guys are using to beg for money is anonymous. Have you ever heard of that? The dad is asking for money and on the website his name is James S - I'd like to know what the S stands for does anyone know his last name? or the last names of the other guys?

call1
Apr 24, 2009 at 3:35 p.m.
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Guys.. I'd do some checking before donating to that fund. Before i give I want to know the father even has custody. From what i understand the grandmother has custody now, & dad may be using this oppertunity to. I'm just a little more cautious & want to make sure the money i give will go to the boy & not be spent by the father on his own stuff.

izer54
Apr 24, 2009 at 1:49 p.m.
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This man should die. Why do people kill other people? If he was going to kill somebody why not himself? It would have saved alot of heartache and pain for this poor girl's family. He made his decision to take another life and he should forfit his just as easily! But don't worry this man will "GET HIS"!

TrojanVirus187
Apr 24, 2009 at 1:23 p.m.
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This is copied and pasted from a comment harleyrider2006 left:

I talked with Damon's father and the visitation will be next thursday @ 9 am with the funeral proceeding @ 11:30 @ Bethel Baptist Church off Mt. Zion.This is such a tragedy for Damon and Eric's family and Damon's father.My thoughts and prayers go out to all you.God bless.I knew both the victim and the suspect and Damon's father.

wannabe30
Apr 24, 2009 at 1:12 p.m.
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I tried the website cannot get in to ask, has anyone heard of when or where the funeral will be and who is handling it. I would like to send a card and a little help with expenses.

TrojanVirus187
Apr 24, 2009 at 1 p.m.
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People were asking about where to donate money not even an hour after a fund had been set up and posted. As for people "pushing" to get people to donate money, I don't see anybody trying to push that. I see people asking, "Where can I donate money?" In response, I see me posting this link:

www.DamonsFund.synthasite.com

That particular fund is for Erica's 5 year old son, Damon, but there's also an email address on that website which you can direct other questions to.

Nothing seems fishy to me.

gina51
Apr 24, 2009 at 12:57 p.m.
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I apologize to anyone I offended, and I lost it when people were questioning when is a timely fashion to set up a trust fund. Any time is OK because the help is going to the family of the little boy. If there is a house fire Red Cross jumps right on everything and sets up a fund for the family. Why is this tragedy any different. all I know is that help is needed and to criticize the family at this time far outweighs the offensiveness of setting up a trust fund for the young boy. I would think the family is relieved instead of offended that someone started to set this up. One less thing they have to worry about. Have a heart people.

JimPI
Apr 24, 2009 at 12:29 p.m.
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gina51 wrote: Janesville is full of judgmental people. Keep your stupid opinions to yourself.

Y'know, that's a wonderful attitude for someone who is ostensibly trying to help the grieving family.

wannabe30
Apr 24, 2009 at 11:53 a.m.
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I guess the fund is not that wrong to me, however what about a funeral, I am sure as young as she was she may not of thought of insurance. So does anyone know of a fund for her funeral? If not what about where and when the funeral is, so I can send money in a card.

bonnienclyde
Apr 24, 2009 at 11:10 a.m.
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I am so sorry this happened that lil boy will be with out his mommy now for rest of his life and that is wrong no1 deserves that
that guy deserves what is comin 2 him he didnt even think bout that lil boy
hope he gets life without parole
he is sick

JimPI
Apr 24, 2009 at 11:10 a.m.
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gina51 wrote: What is fishy about setting up a fund for a small boy who's mother is gone? When is too soon?

I don't know the answer but within six hours of the mother's death seems a bit quick. Yes, I certainly agree this little boy will need help, both financially and otherwise, for a long time to come. But, it seems tacky to me to post requests for funds within mere hours of the mother's death. What's next, people carrying signs with a web address right at the crime scene as the police recover evidence?

gina51
Apr 24, 2009 at 10:29 a.m.
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What does anyone care if a fund is set up for the small boy? I work for the YWCA and was also in the process of setting up a fund through a city bank. One of my first thoughts was this boy will need help for a long time and we need to set up a fund for him. I can't believe there are people criticizing this. Janesville is full of judgmental people. Keep your stupid opinions to yourself. Usually when there is any kind of family tragedy a fund is set up. I can believe how insensitive people are. This family is hurting and someone is criticizing them for wanting "15" minutes of fame. What is fishy about setting up a fund for a small boy who's mother is gone? When is too soon?

25pkfn27
Apr 24, 2009 at 9:12 a.m.
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I agree the boy should have a fund not only to help him financially, but i think it would give him comfort knowing the community cares and wants to make his life better. having said that....i was a little disturbed that a mere few hours after her death there was a web-site asking for money. It just seemed a little disrespectful to her family who was surely still in shock, to see this so soon after this tragedy happened.

freddog
Apr 24, 2009 at 8:44 a.m.
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give him his gun back and have him take the respectable way out, to late, he will plead not guilty and be given a huge , expensive trial, then a time in prison to get free medical and training then out in a few years...so he can do it again...

justcurious
Apr 24, 2009 at 6:19 a.m.
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Sounds like I hit a nerve with that "fund" comment - Sure I feel sorry for the little boy, but with all the new found family members that suddenly are popping up for their 15 minutes of fame, I'd like to see some accountability for the money you guys are out on all the websites begging for.

lisamarie3680
Apr 24, 2009 at 2:42 a.m.
(This comment was removed by the site staff.)
daysgoby
Apr 23, 2009 at 11:22 p.m.
(This comment was removed by the site staff.)
RummageSalesRock
Apr 23, 2009 at 10:54 p.m.
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JUSTCURIOUS...I believe you have said about the rudest thing of the day! You are entitled to your own thoughts, but your point?

sahmama
Apr 23, 2009 at 10:33 p.m.
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I feel horrible for the little boy.

rip_erica_we_miss_you
Apr 23, 2009 at 10:33 p.m.
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You wanna say stuff about the funding then say it to are faces becasue thats dumb as hell that you think that.The one who set it up was the guy she was dating so keep stupid comments like that to your self cuz im her brother and i dont wanna hear about stupid stuff like that just cuz we are trying to get money to help rase the kid dont mean anything..
WE ALL LOVE YOU ERICA AND WILL NEVER FORGET YOU

AllisonEve
Apr 23, 2009 at 8 p.m.
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There was a rumor that I heard going around UW Rock yesterday that there was a shooting and a chase, but it is so surreal to have known Erica and her family. Many prayers for all of them.

angel253545
Apr 23, 2009 at 7:40 p.m.
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Hi i am a friend of ericas and i am sad to hear all that has happen. I am so so very sorry

mollyd5
Apr 23, 2009 at 7:15 p.m.
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wow this guy has a hugh rap sheet

crafty
Apr 23, 2009 at 7:05 p.m.
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Prove him guilty and let him fry. Oh wait our state is too LIBERAL to ever do that!

Nice
Apr 23, 2009 at 6:46 p.m.
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This whole situation makes me sick. I feel awful for Erica's family. Hopefully Damon will be ok.

justcurious
Apr 23, 2009 at 4:28 p.m.
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About the "fund" set up for the child - isn't it a bit early for that? There seems to be quite a few people on all the blogs "pushing" people to got to this website and give money. Smells fishy!

gonefishin
Apr 23, 2009 at 4 p.m.
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Aint that the truth latinmami!!!!!!!!

TrojanVirus187
Apr 23, 2009 at 3:59 p.m.
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edubswoman and anyone else who wants to donate:

www.DamonsFund.synthasite.com

ajvlresident
Apr 23, 2009 at 3:48 p.m.
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Someone asked about where to donate. I saw this site in another article.
www.DamonsFund.synthasite.com

latinmami2
Apr 23, 2009 at 3 p.m.
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Here we go with the Rock County ASSuming club.
**************
do you ever come on here to say anything that is not rude. people are on here talking and something horrible that has happened, and really you are the only on in the ASSuming club because that is what you make of yourself every time you come on here

dbothun
Apr 23, 2009 at 2:30 p.m.
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you know what i knew her she was a pirty kool perison her son is the coolest 5 year old kid iv ever ment. and all that i can say about that guy he needs to die and im being nice a bout it

plezz help this famly

Shopierehuh
Apr 23, 2009 at 1:06 p.m.
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"He has one previous felony conviction in October 2004 for eluding an officer in a vehicle, according to online court records."

I see two more felony convictions in 1991 on the online court records that I read. That makes three. If Wisconsin had a three strikes law, this would have put this sociopath behind bars for life with his third felony conviction in 2004. He would not have been out of a cage to commit murder. This is something to lobby for.

sassysis
Apr 23, 2009 at 12:55 p.m.
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This man deserves the death penalty for what he did. Another young life gone and for what? Just because she stood her ground and wouldn't go back to him. He took away a little boy's mother. There is NO forgiveness with that. Every child needs their mother. I hope when he is in prison that someone there gives him what he deserves.

manda_jvl87
Apr 23, 2009 at 12:45 p.m.
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momof5 I have NEVER heard of anyone OD'ing on marijuana, its him telling police that just as an excuse for what he did, and there is none, this man should face the highest punishment possible.

momof5
Apr 23, 2009 at 12:28 p.m.
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If he was high when he did this, is there any recourse to hold the person who sold him the drugs accountable in any way? I mean, if you can charge a dealer when one of their clients OD.....

LovinIt
Apr 23, 2009 at 12:24 p.m.
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Does anyone know if the child had other family in town? I would just hope he has a strong, VERY strong set of people to support this traumatizing thing.

It scares me to death that this stuff is happening more and more in our town.

h0rselvngrl
Apr 23, 2009 at 12:02 p.m.
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This man should get what he deserves, killing in cold blood in front of a child....
*
Once again.....the comments should be disabled as it turns into a constant argument about who knows what, who knows who, or who knows nothing.

ringsforus
Apr 23, 2009 at 11:48 a.m.
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this comment is to ljs.....sounds to me like you a friend of the murderer (referring to all of us as Assuming club. What more proof do you need for this guy and why cant you see why the public is upset to say the very least.....this jerk had no respect not only for the woman, but for the 5 year old STANDING RIGHT THERE seeing his mommy blown away.....of course the COMPASSIONATE people of rock county are upset, and this guy trying to blame it on drugs.......all anyone here is saying is he is a scumbag looking for an excuse to murder and there is no easy out on INTENTIONAL homicide.....HE WENT THERE WITH A WEAPON, THAT MEANS HE KNEW WHAT HE WAS GOING TO DO BEFORE HE GOT THERE Sounds like you are president to your own ASSuming club if you are defending him

momfirst1979
Apr 23, 2009 at 11:44 a.m.
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His defense is going to be he is bipolar. Doesn't that seem like the new 'hip' thing. Nobody can have emotions anymore without being declared something. He knew what he was doing. Bipolar people do things without thinking of the consequences or without thinking about it. He took the gun with him. He knew what he was going to do. That is premeditated. He will get off with a slap on the wrist because some deranged pyschotherapist will plead on his behalf while making us foot the bill for his food, housing, and court appearances. Lucky us. We have a boy!!!

edubswoman68
Apr 23, 2009 at 11:28 a.m.
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I would really like to know how many times a person can be arrested for domestic abuse/violence and nothing being done about it until something like this happens? My heart goes out to that little boy who seen his mother being killed. That will be a memory in his head forever.
I never believed in an eye for an eye....hell I want both eyes! This ( not sure what I really want to call him) SOB I hope will rot in hell for what he has done!
My thought and prayers go out to all the family and friends of this poor girl and most of all her little boy. Please let us all know if there is anything that can be donated and where.

hannah
Apr 23, 2009 at 11:20 a.m.
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i do agree just shoot him to stop him.

and the range of emptying a full clip of bullets or what ever it is called it messed up.

correct about the pot- i am sure kid will not defend this lie. pot wont make you angry. yeas and good luck driving well at 90 mph when high.

i don't recall seeing any pot or drugs on his ccap. mostly violence and getting in trouble for driving w/o registration or license.

he could have leid and said he was drunk and full of rage. oops no could prove that one.

localguy1
Apr 23, 2009 at 11:15 a.m.
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Who gives a you know what if he was high on pot or not? All this will do is open up the argument of everybody (me included) vs. the kid about pot vs. alcohol, blah blah blah.

He killed a person in front of her 5 year old son. Why waste any taxpayer money on this murderer, fry him now! He's as guilty as guilty can be.
I'm sure I'll catch flack for saying that, but I'm sick and tired of money being completely wasted to defend a guilty criminal. He murdered someone, so take his life away (eye for an eye).

hannah
Apr 23, 2009 at 11:14 a.m.
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is that his "excuse"? high on pot???????
Never hear of a high person wanting to kill people.if he was high he would have FORGOTTEN to bring the gun.

ljs64
Apr 23, 2009 at 11:06 a.m.
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Here we go with the Rock County ASSuming club.

nikkiz242001
Apr 23, 2009 at 11:02 a.m.
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there is no excuse for murder i think this guy has some serious mental issues! and i like how the caption above reads deadly force? wth is that im glad that the police got the situation under control and got this guy but seriously you let him run from janesville to beloit with a loaded gun in his vehicle?? i think the police need to use their heads a little more next time yea he may only have been considered a suspect but he shouldve been presumed armed and dangerous! so why not shoot him in the shoulder or something rather than him running from town to town!! my condolences to the family and friends of erica and may god be with all of you and especially that little boy who has lost his mother forever! makes you think twice about who to trust, and what you think you know about people!

frelnc
Apr 23, 2009 at 10:47 a.m.
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High on pot? This is an excuse for murder? This guy was a repeat domestic abuse offender. It had nothing to do with "drug abuse". He took a gun to her home with the intent to force her to submit or die. She refused him. He killed her. It's no more complicated than that. No amount of excuses can make pot the catalyst here. He would have killed her anyway. He'd apparently made that clear in threats he'd made prior to the murder.

SwissChick
Apr 23, 2009 at 10:43 a.m.
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Maybe he meant crack.

lakennedy
Apr 23, 2009 at 10:42 a.m.
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thekid will be here soon:)
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I agree with you, ladystardust...I've never known anyone to be high on pot and act aggressively...unless they're within a block of a bag of Funnyuns.
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I hope this family finds peace...that poor little boy.

ringsforus
Apr 23, 2009 at 10:39 a.m.
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high on pot? PLEASE!!!!! Pot makes you mellow, so if he went out and shot someone to death, what the h... was he like straight? And to do such an act in front of a child, there should be a charge for that alone. Give him jeffery dahmers bed!!!

ladystardust
Apr 23, 2009 at 10:37 a.m.
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my deepest condolences to the family. I hope her 5 year old son will grow up protected by many guardian angels and that he will one day be able to look this mr . hicke in the eye (through double plated glass) and just flip him off.
As for callitasiseeit, I had to laugh when I read that too, I think Kyle Hicke is lying. How can anyone be high on marijuana and be able drive over 20 mph! That guy probably should have been smoking, so he could mellow out and leave the situation, go to frostie freeze instead. I think a UA would be in order to see if he really was "high" as he claims, it'd be interesting to learn they find traces of speed or cocaine in his system. Either way, what he did was wrong and stoned or not, it is not right to shoot a gun because your mad. I hope he gets what he deserves, and I hope this sudden tragedy will shake people up to see domestic abuse is an epidemic and that there are people who need to be out of relationships but they can't leave for fear of being retaliated on.

rosewood
Apr 23, 2009 at 10:23 a.m.
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we need to get tougher laws on these repeat offenders-He difinitely had an anger problem. THANK YOU JPD for taking a dangerous man off the streets. My prayers are with the Ostenson's family-maybe someday you can find peace.

CallitasIseeit
Apr 23, 2009 at 10:18 a.m.
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"high on marujuana"....here we go.....

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