Chief Koval's Blog

MPD Daily Significant Calls 05/15/2018 to 05/16/2018

May 16, 2018 10:48 AM

Today, from the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Disorderly Conduct.  If you were sitting on an empaneled jury, these are the instructions, without all of the complex "legalese" that the Judge would read prior to going into jury deliberations.   

Statutory Definition of the Crime: Disorderly Conduct, as defined in §947.01 of the Criminal Code of Wisconsin, is committed by a person who, in public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance. 

State's Burden of Proof: Before you may find the defendant guilty of this offense, the State must prove by evidence which satisfies you beyond a reasonable doubt that the following two elements were present. 

Elements of the Crime That the State Must Prove:

1) The defendant engaged in (violent) (abusive) (indecent) (profane) (boisterous) (unreasonably loud) (or otherwise disorderly) conduct.

2) The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance. 

Meaning of "Disorderly Conduct":

"Disorderly conduct" may include physical acts or language or both.  [The general phrase "otherwise disorderly conduct" means conduct having a tendency to disrupt good order and provoke a disturbance.  It includes all acts and conduct as are of a nature to corrupt the public morals or to outrage the sense of public decency, whether committed by words or acts.  Conduct is disorderly although it may not be violent, abusive, indecent, profane, boisterous, or unreasonably loud if it is of a type which tends to disrupt good order and provoke a disturbance.]

The principle upon which this offense is based is that is an organized society a person should not unreasonably offend others in the community.  This does not mean that all conduct that tends to disturb another is disorderly conduct.  Only conduct that unreasonably offends the sense of decency or propriety of the community is included.  It does not include conduct that is generally tolerated by the community at large but that might disturb an oversensitive person. 

Meaning of "Tend to Cause or Provoke a Disturbance":

It is not necessary that an actual disturbance must have resulted from the defendant's conduct.  The law requires only that the conduct be of a type that tends to cause or provoke a disturbance, under the circumstances as they then existed.  You must consider not only the nature of the conduct but also the circumstances surrounding that conduct.  What is proper under one set of circumstances may be improper under other circumstances.  This element requires that the conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance.      

 

The information contained in my blog is derived from notes provided by MPD Officers-In-Charge (OIC) at the end of their shifts. Most narratives represent early and preliminary information that was gathered by an OIC from those in the field who were actively working cases. The OIC is sharing what they were being told, in the moment. In many instances, facts and circumstances, even the type of crime listed, can change as officers, detectives and investigators continue their work.

From 5:30 a.m. on 05/15/2018 through 5:30 a.m. on 05/16/2018, MPD received 538 calls for service.  This number does not include parking complaints or 911 misdials.  For purposes of clarification, the following abbreviations are short-hand for race designations: W=White, AA=African American, NA=Native American, H=Hispanic, ME=Middle Eastern, A=Asian, MR=Mixed Race, U=Unknown.  MPD shifts are staggered as follows: 1st detail=7 a.m. to 3 p.m., 2nd detail=12 p.m. to 8 p.m., 3rd detail=3 p.m. to 11 p.m., 4th detail=8 p.m. to 4 a.m., 5th detail=11 p.m. to 7 a.m. 

**Priority only calls from 2:06am-2:47am due to calls for service. 


1) MIDTOWN: Information – 7:58 a.m.  Officers responded to the 200 block of N. Midvale for a report of a suspicious subject (AAM).  It was reported that the subject had just purchased drugs from the area and was still present.  Area checked; subject not located. 

2) SOUTH: Information – 7:58 a.m.  Officers contacted a victim (53-year-old AAM) who reported that the mother of his child/suspect (36-year-old AAF) was violating the restraining order he has in place against her as she was sending him text messages.   Contact was made with the suspect who was not cooperative and attempted to flee from officers.  The suspect was arrested for violation of a restraining order.  Child Protective Services notified due to children being present at the home.  Investigation continuing.   

3) MIDTOWN: Check Person – 9:45 a.m.  Officers responded to Waukesha St to check the welfare of a suicidal subject (54-year-old AAM).  The subject was conveyed to a local hospital for an evaluation.  Investigation continuing.    

4) MIDTOWN: Mental Health Conveyance – 9:48 a.m.  Officers responded to a report of the caller's son (26-year-old AAM) being agitated, holding a brick and vaguely threatening to use it.  Contact was made with the subject who was conveyed to a local hospital for an evaluation.  Investigation continuing.   

5) CENTRAL: Adult Arrested Person – 10:10 a.m.  Officers observed a wanted suspect (48-year-old AAM) in the 600 block of E. Washington Ave.  The suspect was contacted and arrested for pending charges of armed robbery and substantial battery.  The suspect was conveyed to jail.  Investigation continuing.      

6) MIDTOWN: Mental Health Conveyance – 12:01 p.m.  Officers responded to a local hospital to check the welfare of a subject for a potential emergency detention.  The subject (35-year-old WM) was conveyed to Winnebago.    

7) CENTRAL: Adult Arrested Person – 12:05 p.m.  Officers responded to a report of a subject slumped over in his vehicle near John Nolen Dr/S. Broom St.  Officers arrived and made contact with the driver/suspect (36-year-old WM) who was found to be in possession of heroin/drug paraphernalia.  The suspect was arrested for possession of heroin, possession of drug paraphernalia and a probation violation. 

8) MIDTOWN: Information – 12:27 p.m. Officers made contact with a subject (28-year-old AAF) who reported concerns for the care of her child (3-year-old AAM) by multiple caregivers.  Child Protective Services plugged in.  Investigation continuing. 

9) SOUTH: Disturbance – 2:39 p.m.  Officers responded to Turbot Drive for a disturbance between two subjects (24-year-old AAF victim and 33-year-old AAM suspect).  The subjects were engaged in a heated verbal argument.  Officers convinced the subjects to go their separate ways but it was short-lived as the suspect got involved in a physical disturbance with a group associated with the victim.  The suspect is at-large.  The suspect will be charged with disorderly conduct when located.  Investigation continuing. 

10) MIDTOWN: Adult Arrested Person – 2:46 p.m.  Two subjects (17-year-old AAF victim and 17-year-old AAM suspect) were engaged in an argument at school which continued after school.  At one point the suspect slapped the victim in the face.  The suspect also broke the victim's cell phone.  The suspect was arrested for disorderly conduct near the intersection of Vista/Rowley Ave.

11) NORTH: Adult Arrested Person – 4:16 p.m.  A traffic stop was conducted on E. Washington Ave/Melvin Ct.  It was discovered that there was probable cause for the arrest of the driver/suspect (18-year-old AAM).  The suspect was arrested on the outstanding charges (operating a motor vehicle without consent, theft, credit card theft by acquisition and financial transaction card crimes) and conveyed to jail.    

12) EAST: Adult Arrested Person – 6:17 p.m.  Officers responded to the East Towne Mall area for a disturbance between two subjects (25-year-old AAM victim and 25-year-old AAF suspect).  The subjects have a young child in common.  The couple, while the child was present, had an argument over child custody issues.  The suspect punched the victim in the face.  The suspect was arrested for domestic battery.  Child Protective Services notified.  Investigation continuing.    

13) WEST: Check Person – 8:07 p.m.  Officers responded to check the welfare of a subject on the west side of town.  There were concerns about the subject as he was sitting in a vehicle, which was running, and a cone/hose was observed connecting the exhaust pipe to the interior of the vehicle.  Officers made contact with the subject (41-year-old HM) who refused to tell officers what he was doing.  The subject was conveyed to a local hospital for a mental health evaluation.  Journey Mental Health consulted.  The subject was ultimately released from the hospital with a safety plan in place. 

14) NORTH: Adult Arrested Person – 8:35 p.m.  Officers responded to the 1400 block of Northport Dr for a domestic disturbance between two subjects (52-year-old AAF victim and 26-year-old AAM suspect).  The suspect battered the victim.  The suspect was arrested for domestic battery to a disabled person.  Investigation continuing.        

15) NORTH: Weapons Offense/Shots Fired – 8:41 p.m.  Officers responded to the 500 block of Northport Dr for a report of shots fired.  Multiple casings (3) were located, along with damage to a vehicle from a bullet.  Press release completed.  Investigation continuing.     

16) EAST: Missing Juvenile/Runaway – 9:06 p.m.  Officers responded to Darbo Dr for a report of a missing/runaway juvenile (15-year-old AAF).  Attempt to locate aired.  The juvenile was listed as missing in the appropriate databases.  Investigation continuing. 

17) WEST: Weapons Offense – 9:55 p.m.  Officers responded to the 1200 block of McKenna Blvd for a report of juveniles shooting other juveniles with a BB gun.  Officers made contact with one juvenile (14-year-old AAM) who sustained five (5) BB gun punctures to his arm/collar bone.  The juvenile reported that two other juveniles (AAF and AAM) were involved but he denied knowing who they were.  No other subjects involved were located in the area.  Investigation continuing. 

18) WEST: Weapons Offense/Shots Fired – 10:35 p.m.  Officers heard several shots fired (and multiple callers contacted 911 stating they also heard shots fired) in the Bettys Ln/Frisch Rd area.  Areas checked; spent/fired casings (4) were located and collected.  No injuries were found.  No property damage was located at this time.  Press release completed.  Investigation continuing. 

19) CENTRAL: Adult Arrested Person – 11:59 p.m.  Officers responded to the 200 block of State St for a fight in progress.  Witnesses reported that 4-5 HM's assaulted a male.  A vehicle description was provided for the suspect(s).  Officers located the vehicle and conducted a traffic stop.  The victim (25-year-old WM) recalled being assaulted by 4 males but that is all he could remember.  The victim sustained scrapes/bruises and was treated/released from a local hospital.  Probable cause was developed to arrest a suspect (21-year-old HM) for battery.  Investigation continuing. 

20) SOUTH: Check Area – 12:13 a.m.  Officers responded to Lake Point Dr where the caller reported a male with a gun.  The caller was not very clear with dispatch and could not be re-contacted when attempts were made to get more information.  Area checked.  Nothing suspicious located. 

21) CENTRAL: Crash with Injuries – 1:07 a.m.  Officers responded to S. Spaight St/S. Ingersoll St for a report of a rollover crash with a subject pinned.  Investigation revealed that the driver (25-year-old WF) was driving at a high rate of speed when she struck parked vehicles and rolled her vehicle.  The driver/suspect was pinned and had to be extracted by MFD.  The suspect was conveyed to a local hospital where she became combative/uncooperative.  The suspect was admitted to the hospital for non-life threatening injuries.  Once medically cleared, the suspect will be conveyed to jail on charges of operating a motor vehicle while intoxicated (2nd offense). Press release completed.  Investigation continuing. 

22) CENTRAL: Check Area – 2:01 a.m.  Officers responded to the 600 block of W. Washington Ave for a report that a male subject was present with drugs, money and a gun that had been pulled on the complainant/caller.  Officers checked the area and could not locate/make contact with the caller/complainant or a suspect.  Nothing suspicious observed in the area.

23) SOUTH: Missing Adult – 2:02 a.m.  Officers responded to Curry Parkway for a report of a missing adult (17-year-old WF).  The missing subject recently moved here and there were concerns about her whereabouts.  Attempt to locate aired.  Additional follow-up will be conducted.  Investigation continuing. 

24) EAST: Adult Arrested Person – 2:12 a.m.  Officers responded to the 4700 block of Milwaukee St for a subject (29-year-old WM) having an overdose.  MFD administered Naloxone to the subject which revived him.  The subject was found to have heroin on him. The subject was conveyed to a local hospital.  The subject was arrested for possession of heroin, felony bail jumping and a probation hold, once medically cleared. 

 

Posted by: Chief Koval

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