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Nicolas Subdiaz-Osorio ( KENOSHA NEWS PHOTO BY BILL SIEL )

Man who stabbed half brother accepts plea deal

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By Jessica Stephen

jstephen@kenoshanews.com

A Kenosha man expected to stand trial later this month for allegedly killing his half brother has instead been scheduled to take a plea deal.

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Nicolas Subdiaz-Osorio, 27, was expected to enter a plea Tuesday before Kenosha County Circuit Judge Mary Wagner. But the hearing was rescheduled because one of the attorneys was not available.

The plea hearing was reset for Monday. Details of the plea agreement were not available Tuesday.

Subdiaz-Osorio is charged with first-degree intentional homicide for killing Marco Antonio Ojeda-Rodriguez, 37, in February 2009. If convicted of that charge, he faces life in prison.

His trial was to start Feb. 22.

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Subdiaz-Osorio allegedly stabbed Ojeda-Rodriguez, whom police found bandaged inside a mobile home at Alpine Village trailer park, 8067 Sheridan Road.

A criminal complaint alleges Subdiaz-Osorio stabbed Ojeda-Rodriguez three times early Feb. 8 during an argument. Their fight began after Ojeda-Rodriguez reportedly punched Subdiaz-Osorio.

Ojeda-Rodriguez reportedly was angry he had been laid off from a temporary staffing firm, where he worked with Subdiaz-Osorio, and had bothered his half-brother about it.

When the subject came up again days before the stabbing, Subdiaz-Osorio told his laid-off relative he was “going to stab him if he kept it up,” the complaint says.

After the fight, Subdiaz-Osorio fled the area and was later arrested during a traffic stop in Mississippi County, Ark. He told police he got into a fight with his half-brother that involved a knife.

Wagner decided last year that jurors would be allowed to hear Subdiaz-Osorio’s statement to police, although that would no longer be an issue if he takes a plea offer.

When the case was still postured for trial, defense attorney Charles Bennett had hinted at a possible self-defense strategy for Subdiaz-Osorio, whom he said reacted after his brother, a former boxer, punched him in the face so hard his teeth moved. Expecting more blows, Subdiaz-Osorio used a knife to protect himself.

Ojeda-Rodriguez died from a stab wound to the eye. His brain was pierced as a result, and internal bleeding and brain swelling led to his death. He also was stabbed twice in the chest, although those wounds did not kill him.

If Subdiaz-Osorio meant to kill his brother, Bennett has argued he would have kept stabbing him; he did not. In fact, Bennett said, Subdiaz-Osorio got his girlfriend to bandage his brother’s wounds in an attempt to “heal” him.

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