Kevin Flick, a veteran at the Portage County Sheriff’s Office, got a one-day unpaid suspension after fighting with a man in April while off-duty.

By Annie Pulley, THE BADGER PROJECT

The Portage County Sheriff’s Office suspended one of its sergeants in April after deputies from the same department responded to a call for a fight and recognized him as one of the two men wrestling on the ground outside a home.

Neither Sgt. Kevin Flick of the Portage County Sheriff’s Office nor the man he was grappling with was cited or arrested at the scene, according to the Waupaca County Sheriff’s Office.

The fight occurred at about 7:30 p.m., and law enforcement called for medical resources as both men had “superficial injuries to their faces and knees,” according to the investigation by the Portage County Sheriff’s Office. Flick also reported a throat injury, and the other man said he hurt his knee.

The Waupaca County Sheriff’s Office recommended that the Waupaca County District Attorney charge Flick with disorderly conduct and battery, and the other man, Joey Konkol, be charged with disorderly conduct, strangulation and battery.

The district attorney opted not to charge Konkol, but has yet to announce a decision on Flick, the sheriff’s office said. Flick’s discipline has so far amounted to a one-day, unpaid suspension, according to the investigation report.

As he is employed by the Portage County Sheriff’s Office, law enforcement in Waupaca County is handling the April 26 fight to avoid a conflict of interest.

The sergeant has worked for the Portage County Sheriff’s Office since 2008, and he makes about $44 an hour, according to the county’s human resources director. 

The district attorney’s office in Waupaca County did not respond to multiple requests for comment.

At the scuffle in April, a Sgt. Nicole Lukas, wife of Portage County Sheriff Mike Lukas, was the first to respond.

The officer “seemed surprised when she separated the two individuals and noticed off-duty Sgt. Kevin Flick was the other involved individual,” Capt. Josh Ostrowski, who reviewed body camera footage as part of his review for the Portage County Sheriff’s Office, wrote in his report.

Konkol told responding officers that Flick came to his house and threatened him and his son.

The day after, Ostrowski interviewed a neighbor who reported the incident. She said she came home and saw her neighbor on the ground “side by side” with another man. Konkol yelled to her, she said, and told her to call the police and that Flick was drunk.

Ostrowski also interviewed Konkol, who said his 10-year-old son told him Flick had been asking questions and swearing at the boy while he was playing with the neighbors outside. Flick accused the boy of driving a car down the road earlier in the day, he said.

Konkol told Ostrowski that the interaction intensified when Flick pointed at him. He said he shoved Flick backward and told him to get out of his face.

“He stepped back and came back towards me, so I put it into fight mode, down to the ground,” Konkol said, adding he put Flick in a chokehold.

Konkol said he didn’t let go because he feared Flick had a gun in his truck, but loosened his grip when the first responding officer arrived. He told investigators he knew Flick and that their interactions had been cordial. Flick never identified himself as an off-duty law enforcement officer, Konkol said.

Flick would later tell Ostrowski that he and his family had gone for a walk that afternoon and that a vehicle dangerously drove past them, forcing his wife to pull their children to the edge of the road. He said they believed it was the other man’s young son. They returned home after the walk and had dinner. Flick said he had two “doubles,” alcoholic beverages, and then took a ride to try to find the vehicle they had seen earlier.

Flick said he found the car and questioned the 10-year-old boy outside. At the front door, the boy’s father told Flick his 18-year-old stepson had been the one driving earlier. When Flick maintained it was his younger son, Konkol “exploded in rage,” Flick said.

He had no intention of fighting, Flick said, but Konkol shoved him backward with both hands and he lost his balance and fell off the porch. After this, Flick said he walked back toward Konkol and swore at him. Flick said he charged him and the fight went to the ground.

“He choked the life out of me,” Flick said, adding he briefly lost consciousness.

Flick later said he should have noticed sooner how upset the other man was becoming and removed himself from the situation.

“(Flick) acknowledged he could have made better decisions and assured me he would never respond to this type of situation the way he did again,” the report reads.

The Badger Project is an independent, reader-supported news nonprofit in Wisconsin.