Chief Koval's Blog

MPD Daily Significant Calls 05/31/2018 to 06/01/2018

June 1, 2018 8:57 AM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on False Imprisonment.  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 – False Imprisonment, as defined in §940.30 of the Criminal Code of Wisconsin, as being committed by one who intentionally confines or restrains another without the person's consent and with knowledge that (he) (she) has no lawful authority to do so. 

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

Elements of the Crime That the State Must Prove –

  • The defendant confined or restrained (name of victim).
  • The defendant confined or restrained (name of victim) intentionally.
    • This requires that the defendant had the mental purpose to confine or restrain (name of victim).
  • (Name of victim) was confined or restrained without (his) (her) consent.
  • The defendant had no lawful authority to confine or restrain (name of victim).
  • The defendant knew that (name of victim) did not consent and knew that (he) (she) did not have lawful authority to confine or restrain (name of victim).

Meaning of "Confined" or "Restrained" –

Although this requires genuine restraint or confinement, it does not require that it be in a jail or prison.  If the defendant deprived (name of victim) of freedom of movement, or compelled (him) (her) to remain where (he) (she) did not wish to remain, then (name of victim) was confined or restrained.  The use of physical force is not required.  One may be confined or restrained by acts or words or both. 

Meaning of "Without Consent" –

["Without consent" means that there was no consent in fact or that consent was given by (name of victim) because of fear caused by the defendant's use or threat of imminent use of physical violence on ( (name of victim) ) (on another person in the presence of ( (name of victim) (on a member of (name of victim)'s immediate family).]

 

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 05/31/2018 through 5:00 a.m. on 06/01/2018, MPD received 482 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 482 calls for service for the past 24-hours this is how the calls came in per district: Central (84), East (99), Midtown (57), North (75), South (62), West (56), and Other (49).  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 calls only from 5:15pm to 7:15pm. 

**Priority calls only from 9:53pm-1:30am due to calls for service. 

1) MIDTOWN: Domestic Disturbance – 6:58 a.m.  Officers responded to the 4600 block of Verona Rd for a disturbance between two subjects.  Officers arrived and located one of the subjects (25-year-old WM).  It was reported that the two subjects initially had an argument over the phone, met up and a physical altercation ensued.  Investigation continuing.     

2) EAST: Check Person – 9:54 a.m. Officers responded to the 2800 block of E. Washington Ave for a subject acting strangely, approaching subjects in the street and yelling.  Officers checked the area and did not locate a subject matching the description.  Investigation continuing. 

3) WEST: Domestic Disturbance – 11:02 a.m.  Officers responded to the 1200 block of McKenna Blvd to check the welfare of a subject who appeared to be causing a disturbance.  Officers made contact with the subject (35-year-old WM) and developed probable cause to arrest him for domestic disorderly conduct.      

4) CENTRAL: Crash with Injuries – 3:12 p.m.  Officers responded to E. Washington Ave/Blair St for a vehicle vs. bicycle crash.  The driver (26-year-old WM) had the right-of-way and was turning at an intersection when a bicyclist (22-year-old WF) entered the roadway and struck the vehicle.  The bicyclist was conveyed to a local hospital for an evaluation.  No charges have been substantiated at this time.  Investigation continuing.   

5) NORTH: Stolen Auto – 4:24 p.m.  Officers responded to the 1700 block of Northport Dr for a stolen auto.  The driver/registered owner (88-year-old WF) was walking in a parking lot of a store with a lanyard (including car keys) around her wrist.  A group of juveniles approached her, grabbed the lanyard (which broke free, along with the keys) and fled.  The victim went into the store to get help and when they returned outside her vehicle was missing.  Attempt to locate aired.  The vehicle was listed as stolen in the appropriate databases.  Investigation continuing. 

6) NORTH: Disturbance – 5:40 p.m.  Officers responded to Northport Dr for a disturbance.  Officers located a dispute among families and their respective minor children.  Investigation continuing. 

7) MIDTOWN: Check Person – 6:50 p.m.  Officers responded to check the welfare of a subject near Old Middleton Rd.  The subject (15-year-old WF) was located and identified as a subject who ran away from her group home several days ago.  The subject was likely under the influence of narcotics, hallucinating, making suicidal statements and harming herself.  The subject was conveyed to a local hospital.  MPD Mental Health Officer plugged in.  Investigation continuing.   

8) EAST: Death Investigation – 6:54 p.m.  A white male and a white female, both of whom were in their 50's, were found deceased inside a home on Harding St.  No signs of foul play.  Medical Examiner's office responded.  Press release completed.  Investigation continuing.    

9) EAST: Crash with Injuries – 7:43 a.m.  Officers responded to crash on Highway 12/Millpond Rd.  The suspect driver (26-year-old AAF) pulled out into traffic and a second vehicle t-boned her.  The suspect driver and a victim passenger (29-year-old AAM) were conveyed to a local hospital with non-life threatening injuries.  A second victim (23-year-old WF) reported some pain but declined medical attention.  The suspect driver was issued citations for failure to yield and operating after suspension.  Investigation continuing.        

10) EAST: Weapons Offense – 8:46 p.m.  Officers responded to an east side residence to check the welfare of a suicidal subject (41-year-old WM).  The subject was found to be intoxicated.  The subject was taken into protective custody and conveyed to a local hospital where he was left in the care of medical staff for an evaluation.  Investigation continuing.

11) MIDTOWN: Information/Sexual Assault – 10:56 p.m.  Officers responded to S. Park St for a sexual assault report by a victim (30-year-old WF).  The suspect (33-year-old AAM) was identified, is known to the victim and contacted by officers.  No charges have been substantiated at this time.  Investigation continuing.      

12) SOUTH: Assist Police – 12:37 a.m.  Officers responded to assist the Town of Madison Police Department who requested emergency back-up as a vehicle fled and at least one subject ran into a nearby building.  Officers responded to the area of Greenway Cross/Stewart St.  MPD assisted with securing the area and providing resources as necessary.  Town of Madison PD has the lead on this incident. 

13) NORTH: Check Person – 1:05 a.m.  Officers responded at the request of Journey Mental Health to pick up a subject (23-year-old WM) and return him to Winnebago on a Chapter 51 return.  Conveyance to Winnebago pending.  Investigation continuing.         

Posted by: Chief Koval

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