Chief Koval's Blog

MPD Daily Significant Calls 05/16/2018 to 05/17/2018

May 17, 2018 2:44 PM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Robbery by the Use or Threat of Force.  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: Robbery by the Use or Threat of Force, as defined in §943.32(1) of the Criminal Code of Wisconsin, is committed by one who, with the intent to steal, takes property from the person or presence of the owner by [using force against the person of the owner with intent to overcome physical resistance or physical power of resistance to the taking or carrying away of the property] [or] [by threatening the imminent use of force against the person of the owner with intent to compel the owner to submit to the taking or carrying away of the property].

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 four elements were present. 

Elements of the Crime That the State Must Prove:

1) (Name) was the owner of property.

                "Owner" means a person in possession of property. 

2) The defendant took and carried away property from the person or from the presence of (name). 

3) The defendant took the property with the intent to steal.

               This requires that the defendant had the mental purpose to take and carry away property of another without consent and that the defendant intended to deprive (name) permanently of possession of the property.

                [It further requires that the defendant knew that the property belonged to another and knew that the person did not consent to the taking of the property.]

4) The defendant acted forcibly.

                Forcibly means that the defendant [actually used force against (name) with the intent to overcome or prevent (his) (her) physical resistance or physical power of resistance to the taking or carrying away of the property] [or] [threatened the imminent use of force against (name) with the intent to compel (name) to submit to the taking or carrying away of the property.  "Imminent" means "near at hand" or "on the point of happening"].

Deciding About Intent:

You cannot look into a person's mind to find intent.  Intent must be found, if found at all, from the defendant's acts, words, and statements, if any, and from all the facts and circumstances in this case bearing upon intent.    

 

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 05/16/2018 through 5:30 a.m. on 05/17/2018, MPD received 459 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 calls only between 3:42pm and 5:40pm reference the armed robbery call.

**Priority calls only between 7:52pm and 1:12am due to the attempted homicide call and high volume of calls for service. 


1) MIDTOWN: Residential Burglary – 6:05 a.m.  Officers responded to Spring St where the caller/witness observed two subjects/suspects enter an unoccupied residence that is under construction.  Officers cleared the residence and did not locate any suspects.  The construction company working on the home confirmed that there are tools missing.  Investigation continuing.   

2) WEST: Information/Sexual Assault of a Child – 9:34 a.m.  Officers spoke with a juvenile/victim (14-year-old AAF) who reported several incidents of inappropriate contact with a known suspect (33-year-old AAM).  A temporary placement/safety plan was put into place for the juvenile.  Child Protective Services notified.  Investigation continuing.    

3) EAST: Check Person – 10:30 a.m.  Officers responded to an address on Milwaukee St to check the welfare of a suicidal subject (65-year-old WF).  The subject was conveyed to a local hospital where she was voluntarily admitted.  The subject was left in the care of medical staff.

4) WEST: Check Person – 10:56 a.m.  Officers responded to Big Sky Dr to check the welfare of a suicidal subject (52-year-old WM).  The subject was found to be under the influence of alcohol and/or drugs.  The subject was conveyed to a local hospital where he was admitted.  The subject was left in the care of medical staff. 

5) MIDTOWN: Juvenile Arrest – 1:53 p.m.  Officers responded to a report of a juvenile/suspect (15-year-old AAM) waving and activating a taser at West High School.  The juvenile fled on foot when officers attempted to make contact.  The juvenile was apprehended and conveyed to the Juvenile Reception Center on charges of possession of a dangerous weapon on school premises, disorderly conduct, carrying a concealed weapon and resisting.  Press release completed.  Investigation continuing.      

6) EAST: Armed Robbery – 2:56 p.m.  Officers responded to the Selective Video on Commercial Ave for a report of an armed robbery.  The suspect (AAM) implied that he had a gun, however one was not displayed.  The suspect fled with cash.  K9 track conducted.  Press release completed.  Investigation continuing.    

7) NORTH: Death Investigation – 3:06 p.m.  Officers responded to a north side residence for a report of a deceased subject (76-year-old WM).  Nothing suspicious on scene.  Medical Examiner's office responded.  Investigation continuing. 

8) CENTRAL: Sexual Assault – 3:35 p.m.  Officers made contact with a victim (17-year-old HF) who reported being sexually assaulted, battered and strangled the night before by a known suspect (25-year-old WM).  The suspect is at-large.  Once located, the suspect will be charged with 4th degree sexual assault, strangulation and disorderly conduct. Investigation continuing.    

9) CENTRAL: Drug Incident/Overdose – 4:39 p.m.  Officers responded to W. Dayton St for a report of a subject sleeping in the restroom of a hotel.  Officers arrived and found the subject (39-year-old AAM) unresponsive and partially unclothed.  Drug paraphernalia and substances were observed by the subject.  The subject was roused and was conveyed to the hospital.  As the subject was being conveyed to the hospital, EMS had to deliver Naloxone to revive him.  Several charges are pending for the subject once he is medically cleared (possession of heroin, possession of drug paraphernalia and resisting). The subject will also be referred to the Madison Addiction Recovery Initiative (MARI).  Investigation continuing. 

10) WEST: Drug Incident/Overdose – 5:26 p.m.  Officers responded to a report of an unresponsive subject in the restroom of a convenience store on S. Gammon Rd.  MFD administered Naloxone to the subject (30-year-old AAM) which revived him.  The subject was conveyed to a local hospital and issued a citation for possession of heroin.  The subject was referred to the Madison Addiction Recovery Initiative (MARI).   

11) WEST: Adult Arrested Person – 5:49 p.m.  Officers responded to a report of a disturbance at Elver Park.  The suspect (23-year-old AAM) caused damage and created a disturbance, according to witnesses.  The suspect fled from officers, but was ultimately apprehended.  The suspect was arrested for disorderly conduct, resisting and criminal damage to property.    

12) CENTRAL: Adult Arrested Person – 5:52 p.m.  Officers responded to a report of a stolen auto.  Attempt to locate aired and the vehicle was entered as stolen in the appropriate databases.  Several hours later, a call came into dispatch about a disturbance in a vehicle.  The vehicle involved was the stolen auto.  The driver/suspect (31-year-old WF) was arrested for operating a motor vehicle without consent.  A male subject ran from the vehicle and is at-large.  Investigation continuing.      

13) SOUTH: Attempted Homicide – 7:39 p.m.  Officers responded to Waunona Woods Court for a report of a subject shot.  Officers arrived and located the victim (24-year-old AAM) with a gunshot wound to the back of his head.  The victim was conveyed to a local hospital.  Officers located the suspect (36-year-old AAM) who was also conveyed to a local hospital where he was medically cleared.  The suspect was then conveyed to jail on a probation hold. The victim and suspect are known to each other.  Press release completed.  Press conference conducted.  Investigation continuing.   

14) CENTRAL: Weapons Offense – 12:47 a.m.  Officers responded to the 300 block of N. Henry for a disturbance, with a subject threatening another subject with a knife.  The victim (24-year-old AAM) was on scene but the suspect (WM) had fled when officers arrived.  No injuries were reported. Investigation continuing.      

15) CENTRAL: Adult Arrested Person – 1:18 a.m.  Officers responded to the 300 block of State St for an intoxicated subject who was causing a disturbance and attempting to instigate fights.  The suspect (46-year-old AAM) was taken into custody and charged with battery and disorderly conduct.  Press release completed.   

16) NORTH: Adult Arrested Person – 1:35 a.m.  Officers responded to a subject (29-year-old WM) having an overdose on Kipling Drive.  The subject was conscious and breathing when officers/EMS arrived.  The subject was transported to a local hospital and will be conveyed to jail, once medically cleared, for possession of heroin and a probation hold.

Posted by: Chief Koval

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