Trial begins for prisoner accused of hate crime in stabbing death of Black inmate at Green Bay prison
GREEN BAY – A prisoner at Green Bay Correctional Institution used the N-word after he attacked two Black prisoners with a knife in October 2022, fatally stabbing one of them, correctional officers testified Monday in Brown County Circuit Court.
Joshua Scolman, 40, is on trial for the homicide of 25-year-old Timothy Nabors Jr. and attempted homicide of Lamonte Washington, 26, both as a hate crime with racial motivations.
Investigators said the handmade knife recovered from the scene had carvings on it, including one of a swastika. According to a Brown County Sheriff's Office investigation report, Scolman was under investigation for "extremely concerning racist activity," including letters written by Scolman regarding attempting to be a part of a white supremacist prison gang, for which a condition was to "kill a Black male."
Scolman is pleading not guilty to the crime, as well as not guilty by reason of mental disease or defect, to both counts. Brown County Circuit Court Judge Donald Zuidmulder informed the jury this means there will be two elements the jury will need to decide: the first, whether or not Scolman is guilty of killing Nabors and attempting to kill Washington, and the second, whether or not Scolman is criminally responsible for each charge.
After jury selection and opening statements, the prosecution called its first 14 witnesses to testify. The majority of witnesses were correctional officers who were present during the attack.
Brief opening statements
A jury of 14 people — 12 jurors with two alternates — was chosen Monday morning. Zuidmulder excused around a dozen potential jurors after they said they not think they could be fair and impartial for a variety of reasons — for some, it was the attorney's warning that racial issues and offensive language would be discussed.
Once the jury was sworn in, attorneys gave opening statements.
Opening statements were brief. Brown County Deputy District Attorney Caleb Saunders summarized some of the evidence that would be presented at trial, including what happened during the attack. He said it's not a "whodunit" case — the prison's many security cameras caught video footage of the incident, and many staff would testify about what occurred that morning.
"The state alleges that Mr. Scolman's motive for killing Mr. Nabors and trying to kill Mr. Washington is based on the color of their skin," Saunders said.
Brianna Zawata, one of Scolman’s two defense attorneys, gave an opening statement that lasted less than two minutes. She did not hint at a defense Scolman would be taking — she only reminded the jury that Scolman is innocent until proven guilty, and the prosecution has the burden to present the evidence against him.
"We're not asking that you have to like our client. We just want you to keep a fair and open mind regarding the vidence presented to you in the next few days," Zawata said.
Prison staff testify to stopping chase and emergency medical response
The prosecution’s first witness was Nabors’ mother. She was only on the stand briefly, but tearfully informed the jury that her son died in prison. Saunders brought out a framed photo of Nabors, which was passed among members of the jury.
Multiple Green Bay Correctional Institution staff who were present during the incident and aftermath then testified about what occurred that day:
Around 6:30 a.m. Oct. 21, 2022, a fight broke out in the prison's South Cell Hall, while prisoners were outside of their cells for morning medication distribution.
Officers found Scolman chasing Washington down a set of stairs, and tried to subdue the two. At one point, Scolman grabbed Washington's shirt, one correctional officer testified.
Scolman only stopped chasing Washington when a correctional officer sprayed him with pepper spray.
Near Scolman, correctional officers found a handmade knife, which they confiscated. One officer testified it was about a foot long, with a blade about 6 to 8 inches long, like "a hunting knife, what you'd use for hunting deer." The knife appeared to be made from a bed frame.
Officers conducted a pat-down search on Scolman, and found he was wearing a handmade sheath attached to a belt. He was then escorted by two correctional officers to the restricted housing unit, during which time Scolman made a racially derogatory comment, both officers testified.
While correctional officers were subduing Scolman on the first floor of the cell hall, other officers found Nabors lying on the second floor tier. There was a trail of blood near him.
Nabors was initially responsive. A prison nurse who arrived to help Nabors said he was initially able to respond to questions and follow basic commands, like raising his hand.
"I remember him saying, 'I'm straight,' like joking with another person in a cell asking how he was doing," the nurse said.
One correctional officer, who said he had known Nabors for 10 years, testified that he kept speaking with Nabors to try to keep him conscious. He said Nabors told him he was getting dizzy. A prisoner in a nearby cell gave the officer toilet paper to press on Nabor's wound.
Prison staff used a rescue mat to transport Nabors from the cell tier to the prison's rotunda between the two cell halls, because it was a larger area where they could provide medical attention more easily and away from other prisoners.
While in the rotunda, Nabors lost consciousness. Paramedics arrived with an ambulance and began lifesaving measures, then transported him to HSHS St. Vincent Hospital.
According to a criminal complaint, Nabors stayed at the hospital for five days, until he was declared brain dead Oct. 26, 2022.
Washington, who had minor scrapes and a bump on his head after the attack, was treated at Green Bay Correctional Institution.
Monday's testimony ended with two officers from the Brown County Sheriff's Office taking the witness stand as well. The sheriff's office was called to assist at the prison both with conducting an investigation into the incident and helping transport Nabors to the hospital.
While the trial is scheduled to last until Friday, attorneys said they anticipate finishing calling witnesses by Tuesday or Wednesday.
If convicted, Scolman faces life behind bars
Scolman is currently serving a 51-year prison sentence for a 2006 drunken driving crash in Milwaukee that killed three people and seriously injured a fourth person. According to court records, after the crash Scolman pointed a gun at and fired shots toward a motorist bystander.
Scolman is charged with two Class A felonies, the most serious in Wisconsin, which carry a maximum sentence of life in prison with no possibility of parole.
Plus, under Wisconsin law, a felony charge with a hate crime modifier increases the maximum prison sentence by up to five years and the maximum fine by up to $5,000. Wisconsin defines a hate crime as a crime someone commits against another person "in whole or in part because of the actor's belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person."
Nabors was serving a nine-year prison sentence after he was convicted earlier in 2022 of second-degree sexual assault of a child younger than 16.
Contact Kelli Arseneau at 920-213-3721 or karseneau@gannett.com. Follow her on X, formerly Twitter, at @ArseneauKelli.
This article originally appeared on Appleton Post-Crescent: Trial begins for prisoner accused of hate crime in stabbing death
