Chief Koval's Blog

MPD Daily Significant Calls 05/17/2018 to 05/18/2018

May 18, 2018 9:15 AM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Fourth Degree Sexual Assault: Sexual Contact Without Consent.  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 - Fourth Degree Sexual Assault: Sexual Contact Without Consent, as defined in §940.225(3m) of the Criminal Code of Wisconsin, is committed by one who has sexual contact with another person without consent. 

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 had sexual contact with (name of victim).

2) (Name of victim) did not consent to the sexual contact. 

Meaning of "Sexual Contact":

For sexual contact involving the defendant touching the victim: [Sexual contact is an intentional touching by the defendant of the (name intimate part) of (name of victim).  The touching may be of the (name intimate part) directly or it may be through clothing.  The touching may be done by any body part or by any object, but it must be an intentional touching.

Sexual contact also requires that the defendant acted with intent to (cause bodily harm to (name of victim).) (become sexually aroused of gratified.) (sexually degrade or humiliate (name of victim).)

For sexual contact involving the victim being cause or allowed to touch the defendant: [Sexual contact is an intentional touching by (name of victim) of the (name intimate part) of the defendant, if the defendant intentionally caused (name of victim) to do that touching.  The touching may be of the (name intimate part) directly or it may be through the clothing.

Sexual contact also requires that the defendant acted with intent to (cause bodily harm to (name of victim).) (become sexually aroused of gratified.) (sexually degrade or humiliate (name of victim).)

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.  

Meaning of "Did Not Consent":

"Did not consent" means that (name of victim) did not freely agree to have sexual contact with the defendant.  In deciding whether (name of victim) did not consent, you should consider what she/he said and did, along with all the other facts and circumstances.  This element does not require that (name of victim) offered physical resistance. 

 

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 5:00 a.m. on 05/17/2018 through 5:00 a.m. on 05/18/2018, MPD received 500 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. 

To further break down the 500 calls for service for the past 24-hours this is how the calls came in per district: Central (101), East (93), Midtown (75), North (76), South (46), West (70), and Other (39).  Other=these are calls for service that either do not have a sector listed or the sector is not in the City.  For example, if one of our officers assists another law enforcement agency, their sector is not listed in our districts so therefore it is listed under "other". 


1) CENTRAL: Check Person/Weapon – 7:25 a.m.  Officers responded to S. Hancock St to assist with checking the welfare of a subject (24-year-old WF).  The subject's mother went to the residence to check on her daughter and found her daughter in possession of a handgun.  The subject confirmed she purchased the handgun recently with the intention of committing suicide.  The subject was conveyed to a local hospital for a mental health evaluation.  The handgun was turned over to a family member for temporary safekeeping.  MPD Mental Health Officer plugged in.  The subject was voluntarily admitted and left in the care medical staff. 

2) WEST: Information/Sexual Assault – 10:18 a.m.  A victim (16-year-old WM) reported being sexually assaulted by a known suspect (15-year-old WF).  The suspect was arrested and conveyed to the Juvenile Reception Center for 4th degree sexual assault.    

3) EAST: Juvenile Arrest – 12:54 p.m.  Two juveniles (15-year-old WF and 14-year-old HF) were involved in a verbal argument over social media rumors.  During the argument, one of the juveniles slapped the other and the two went to the ground in a physical altercation.  One of the juveniles brandished a folding knife.  The juveniles separated and were later contacted/detained by the La Follette High School Educational Resource Officer (ERO) about the altercation.  No injuries were reported or observed.  The 15-year-old was arrested for disorderly conduct while armed and released to a parent.  The 14-year-old was arrested for disorderly conduct and conveyed to the Juvenile Reception Center.  Press release completed.  Investigation continuing.    

4) CENTRAL: Mental Health Conveyance – 1:27 p.m.  Officers responded to the area of Williamson St/S. Baldwin St to check the welfare of a subject who was yelling/screaming.  The subject (64-year-old WM) was conveyed to a local hospital for a mental health evaluation.  The subject was tentatively tracking toward a voluntarily admittance until he took a swing at a security guard.  The subject was then taken into protective custody and conveyed to Winnebago on an emergency detention order. 

5) CENTRAL: Assist Law Enforcement/Mutual Aid – 2:45 p.m.  UWPD requested that MPD assist with an officer-involved (UWPD) squad vs. pedestrian crash on N. Park St.  Several MPD personnel responded to assist.  Investigation continuing. 

6) EAST: Domestic Disturbance – 3:00 p.m.  Officers were notified by another law enforcement agency of a potential domestic disturbance that occurred in our community.  The law enforcement agency had a suspect (daughter of the potential victim) in their custody.  Officers made contact with the victim (father of the suspect), 51-year-old WM, who had a visible injury.  The suspect (28-year-old WF) refused to talk with officers.  There will be domestic-related charges written up for the suspect and MPD will coordinate with the other law enforcement agency on taking the suspect into custody.  Investigation continuing.     

7) NORTH: Information/Threats Complaint – 3:42 p.m.  Officers responded to a threats complaint where the caller/suspect (53-year-old AAM) threatened to shoot up a building.  The suspect has been tentatively identified but not located at this time.  The suspect will be charged with disorderly conduct and unlawful use of a phone, once located.  Investigation continuing.    

8) EAST: Missing Juvenile/Runaway – 3:45 p.m.  Officers responded to check the welfare of a subject near N. Stoughton Rd/Milwaukee St.  Officers made contact with a juvenile (16-year-old WF) and investigation revealed she was listed as missing/runaway from another State.  The juvenile was taken into custody and conveyed to the Juvenile Reception Center where her family was contacted.  Investigation continuing.     

9) SOUTH: Adult Arrested Person – 4:34 p.m.  Officers observed a known subject/suspect (35-year-old AAM) who is banned from being on the property of a convenience store located on S. Park Street.  Officers attempted to contact the suspect and he fled on foot.  The suspect was apprehended and conveyed to jail on charges of trespassing, resisting and possession of drug paraphernalia. 

10) NORTH: Information/Child Abuse – 6:04 p.m.  Officers responded to a report of child abuse of a 9-year-old by her father/suspect (35-year-old WM).  The child reported various forms of physical abuse occurred when she visited her father last week.  The child is currently with her mother.  Child Protective Services plugged in and a safety plan is in place.  Investigation continuing.    

11) NORTH: Adult Arrested Person – 8:13 p.m.  An officer observed suspicious activity on Hayes Rd.  The officer observed a subject which what appeared to be a bulge of a potential weapon under his shirt.  The subject was contacted and the gun was located/recovered.  The suspect had been drinking.  The suspect (25-year-old AAM) was arrested for possession of a firearm while intoxicated, carrying a concealed weapon and bail jumping.      

12) MIDTOWN: Disturbance – 9:30 p.m.  Officers responded to S. Brooks St for a 911 hang-up call where someone stated a person was shot.  Officers did not locate anyone at this location but learned that a disturbance had taken place on N. Mills St where two male subjects were exchanging words.  One of the subjects believed that the other had a gun and ran off.  A female subject, who was also present, contacted family about the disturbance which led to police being contacted.  No injuries are known.  No charges were substantiated.  Investigation continuing. 

13) EAST: Drug Incident/Death Investigation – 9:55 p.m.  Officers responded to a deceased subject (21-year-old AAM).  Initial indicator of death is a drug overdose.  Medical Examiner's office responded.  Investigation continuing. 

14) WEST: Weapons Offense/Shots Fired – 10:57 p.m.  Officers responded to Hammersley Rd/Theresa Terrace for multiple reports of shots fired.  Two vehicles were struck by bullets (one vehicle was parked and unoccupied and the other vehicle as being driven at the time a bullet landed).  Areas canvassed.  No injuries found.  Investigation continuing.              

Posted by: Chief Koval

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