Fatal punch case will go to trial

A man accused of throwing the punch that caused a Kenosha middle school teacher’s death last month has pleaded not guilty and requested the case go to a jury trial.

The plea came Thursday morning at the conclusion of a preliminary hearing during which Court Commissioner Carl Greco found probable cause and continued the case against Martin L. Walker to an April 29 pre-trial hearing.

Walker is charged with felony murder in the death of Colin Byars on Feb. 21.

Witnesses have testified Walker punched Byars in the face outside a Kenosha tavern. The punch knocked Byars to the pavement, causing him to hit his head. Byars later died of brain trauma, according to Medical Examiner Mark Witeck’s testimony in an earlier hearing.

During testimony on Thursday, a friend of Byars, identified in court records as Jared M., said he was leaving the bar with Byars about 2:15 a.m. Feb. 21 and crossing 30th Avenue when Walker yelled out and confronted them. The friend said he and the rest of his group were walking to their car in the parking lot northeast of the intersection at 30th Avenue and Roosevelt Road when Walker shouted, “Where’s the after party?”

The friend said Byars responded by telling Martin, “Get the f--- out of here,” and the confrontation escalated in the middle of the street. The friend also testified Martin said “Does someone want to fight?”

After that, Martin threw his jacket to the ground and Byars removed his sweater. The two men then took boxing stances and held their hands in fists, the friend said.

The friend went to the sidewalk to set down his jacket. When he turned around, he saw Martin punch Byars in the face.

“They did kind of a little dance-tango with their fists up and he punched Colin,” the friend said, adding that Byars never attempted to throw a punch.

After Byars fell, the friend said he chased Walker and one of the other suspects into an alley north of the tavern but lost sight of them. The friend said he then returned to Byars side and saw the suspects driving away from the scene.

When testimony concluded, defense attorney Charles Bennett made another attempt to have the case dismissed, claiming Walker punched Byars in self-defense.

Bennett argued “It was a mutual fight between two parties and unfortunately and tragically Mr. Byars, as a result of the fall and as a result of the punch, was killed. When we have two parties in a mutual kind of fight like this it’s certainly an issue of self-defense.”

District Attorney Robert Zapf countered, though, noting the testimony that indicated Walker provoked the fight and threw the punch that caused Byars to fall.

Greco also disagreed with Bennett, saying Byars’ response to Walker’s taunt gave no indication he was interested in a fight.

“In other words (Byars) was saying ‘Just go on your way, I don’t want to engage in anything,’” Greco said. “He wanted these three individuals to leave. So this was not a mutual fight.”

Walker was arrested later in Racine and held on a probation violation until charges were filed. Two other men with Walker that night turned themselves in and are being held on probation violations. The other men have not been charged in the altercation that led to Byars death.