Chief Koval's Blog

MPD Daily Significant Calls 05/22/2018 to 05/23/2018

May 23, 2018 11:37 AM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on First Degree Sexual Assault: Sexual Contact or Intercourse Without Consent Causing Great Bodily Harm.  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 - First Degree Sexual Assault: Sexual Contact or Intercourse Without Consent Causing Great Bodily Harm, as defined in §940.225(1)(a) of the Criminal Code of Wisconsin, is committed by one who has sexual [contact] [intercourse] with another person without consent and causes great bodily harm to that person. 

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 three elements were present. 

Elements of the Crime That the State Must Prove:

1) The defendant had sexual [contact] [intercourse] with (name of victim).

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

3) The defendant caused great bodily harm to (name of victim).

Meaning of "Did Not Consent":

"Did not consent" means that (name of victim) did not freely agree to have sexual [contact] [intercourse] 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. 

Meaning of "Great Bodily Harm":

"Great bodily harm" means serious bodily injury. [Injury which creates a substantial risk of death, or which causes permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury is great bodily harm.]

 

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 05/22/2018 through 5:00 a.m. on 05/23/2018, MPD received 519 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 519 calls for service for the past 24-hours this is how the calls came in per district: Central (77), East (112), Midtown (69), North (93), South (55), West (78), and Other (35).  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". 

**Priority only calls from 5:25 p.m. to 8:45 p.m. due to calls for service. 

1) CENTRAL: Aggravated/Substantial Battery – 4:00 a.m.  Officers responded to E. Wilson St for a disturbance.  The victim (27-year-old WM) and a friend entered their secured residential building when 5 subjects (4 WMs and 1 WF) attempted to gain entrance along with them.  The victim and his friend attempted to shut the door to keep the unknown subjects out.  One of the suspect's battered the victim.  The victim lost consciousness.  There was a delay in reporting the incident.  Investigation continuing.   * This was a late call that did not make the previous 24-hour cycle call notes due to officers being involved at the scene and reports from the field were not yet typed. 

2) CENTRAL: Strong Arm Robbery – 11:09 a.m.  Officers responded to a local hospital to speak with a victim (61-year-old WM) who reported being robbed on Sunday.  The victim reported that shortly after 11pm on Sunday night, in the 1100 block of Williams St, he was approached by a suspect who asked him for money.  The suspect then punched the victim and threw him to the ground which caused him to lose consciousness.  The victim sustained multiple injuries (fractured cheek bone, fractured nose, fractured rib, dislocated shoulder and a collapsed lung).  The suspect was described as a WM.  Investigation continuing. 

3) NORTH: Adult Arrested Person – 12:25 p.m.  Officers responded to Dwight Dr for a disturbance between two subjects (23-year-old AAM and 22-year-old AAM).  Both subjects threatened each other.  No injuries were reported/observed.  Both subjects had pending probation/parole holds for which they were conveyed to jail. 

4) MIDTOWN: Mental Health Conveyance – 5:02 p.m.  Officers responded to a request from Journey Mental Health to convey a subject (25-year-old WF) to Winnebago on a Chapter 51 return order.  The subject was medically cleared at a local hospital and then transported to Winnebago.   

5) NORTH: Disturbance – 5:25 p.m.  Officers were in Kipling Dr area when they observed a vehicle driving at a high rate of speed with a subject/victim (19-year-old AAF) clinging to the hood of the vehicle.  Officers attempted to stop the vehicle and the driver/vehicle fled.  The driver/vehicle ultimately came to a stop on Northport Drive.  Investigation revealed a disturbance had taken place among several individuals.  A suspect/primary aggressor (30-year-old AAF) was identified and arrested for 1st degree reckless endangering safety.  Additional charges may be forthcoming.  Investigation continuing.

6) WEST: Juvenile Arrest – 6:25 p.m.  Officers responded to the 5700 block of Raymond Rd for a fight among a group of juveniles.  Three juvenile suspects were identified as being involved (13-year-old AAM, 12-year-old AAM and 12-year-old AAF).  The 13-year-old juvenile was charged with theft (from a prior case) and disorderly conduct.  The 12-year-old male juvenile resisted contact by officers.  This juvenile was charged with disorderly conduct and resisting.  The 12-year-old female juvenile was charged for disorderly conduct (related to a previous incident). All three juveniles were conveyed to the Juvenile Reception Center.  Investigation continuing. 

7) SOUTH: Crash with Injuries – 9:04 p.m.  Officers responded to a rollover crash on the Beltline/Fish Hatchery Rd.  The driver (27-year-old WF) rolled her vehicle after she was found to be inattentive/not merging correctly as she got onto the Beltline.  She was conveyed to a local hospital with minor injuries.  She was arrested for operating a motor vehicle while intoxicated (1st offense).      

8) SOUTH: Theft from Auto – 9:49 p.m.  Officers responded to Derby Dr where an unknown suspect entered the homeowner's vehicle (in the driveway) and took some items from their vehicle.  Investigation continuing. 

9) SOUTH: Theft from Auto – 10:15 p.m. While investigating the call above (#8), officers were advised of another theft from auto on Pelham Rd.  Investigation continuing. 

10) MIDTOWN: Check Person – 11:28 p.m.  Officers responded to check the welfare of a subject (21-year-old WM) who required a return to Winnebago.  Areas checked.  Contact not made with the subject.  Investigation continuing. 

11) SOUTH: Weapons Offense/Shots Fired – 12:53 a.m.  Officers responded to the area of Kent Lane for reports of shots fired.  No evidence of shots fired located at this time.  No damage discovered.  Additional canvassing may be necessary during daylight hours.  Investigation continuing. 

12) WEST: Check Person – 1:00 a.m.   Officers responded to check the welfare of a suicidal subject (27-year-old WM).  Areas checked for the subject.  A phone ping of the subject's phone was conducted.   Phone contact was made with the subject who refused to meet with officers or advise of his location.  Investigation continuing. 

13) WEST: Adult Arrested Person – 2:12 a.m.  Officers responded to Timber Lake Trail for a report of a suspicious person (22-year-old WM) looking into/entering vehicles.  Officers made contact with the suspect who had a backpack with several stolen items inside.  Attempts were made to contact potential victims.  The suspect was arrested for theft from autos and possession of burglary tools.  Investigation continuing.                 

Posted by: Chief Koval

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