Chief Koval's Blog

MPD Daily Significant Calls 06/04/2018 to 06/05/2018

June 5, 2018 10:02 AM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Carrying a Concealed Weapon. 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 – Carrying a Concealed Weapon, as defined in §941.23 of the Criminal Code of Wisconsin, as being committed by any person who carries a concealed and dangerous weapon.   

State's Burden of Proof – Substantial Battery with Intent to Cause Bodily HarmBefore you may find a defendant guilty, 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

 The defendant carried a dangerous weapon.

"Carried" means went armed with.  

The defendant was aware of the presence of the weapon.

The weapon was concealed. 

Meaning of "Went Armed"

The phrase "went armed" means that the weapon must have been either on the defendant's person or that the weapon must have been within the defendant's reach. 

Meaning of "Dangerous Weapon" –

"Dangerous weapons" means [any firearm, whether loaded or unloaded.  A firearm is a weapon that acts by force of gunpowder.] [any device designed as a weapon and capable of producing death or great bodily harm. "Great bodily harm" means serious bodily injury.] [any device or instrumentality which in the matter it is used or intended to be used is calculated or likely to produce death or great bodily harm. "Great bodily harm" means serious bodily injury.] [any electric weapon.  An electric weapon is a device designed or used to immobilize or incapacitate a person by the use of electric current.]

Meaning of "Concealed" –

"Concealed" means hidden from ordinary observation.  The weapon does not have to be completely hidden.    

 

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 06/04/2018 through 5:00 a.m. on 06/05/2018, MPD received 536 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 536 calls for service for the past 24-hours this is how the calls came in per district: Central (78), East (113), Midtown (87), North (75), South (71), West (60), and Other (52).  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) SOUTH: Child Neglect – 5:13am.  Officers responded to Moorland Rd for a report of two unattended children outside (2-year-old and 1-year-old).  The mother of the children was contacted and she was found to have been at work.  The mother advised officers that she left the children in the care of her boyfriend.  The boyfriend was contacted and found to be intoxicated.  The boyfriend claims he left the children in the care of a babysitter.  Child Protective Services notified.  The children were left in the care of their mother.  Charges may be forthcoming.  Investigation continuing.     

2) MIDTOWN: Disturbance – 9:34am.  Officers responded to Carling Dr for a disturbance with a possible knife involved.  Officers arrived and contacted three subjects (25-year-old NAM, 29-year-old NAF and 51-year-old NAF).  The 25-year-old and 29-year-old are dating.  The 51-year-old subject is the grandmother of the female subject.  There was a verbal argument that started about where the 29-year-old female had been for several days.  There was no evidence that a knife was used during the argument.  No injuries were sustained.  The parties were separated and no charges were substantiated.

3) NORTH: Adult Arrested Person – 1:05pm.  Officers responded to North St for a subject who was wanted.  The subject/suspect (31-year-old AAM) was contacted and arrested without incident.  The suspect was conveyed to jail on a probation hold.

4) MIDTOWN: Information – 11:18am. Officers were dispatched to Old Sauk Rd after a report that an 11-year-old subject had posted pictures of himself on social media with what appeared to be a firearm. The juvenile and his mother were contacted. Investigation continuing.

5) CENTRAL: Conveyance – 3:15pm. Officers were dispatched to Williamson St to detain a subject (55-year-old WM) pursuant to an order of inpatient detention. The subject was taken into protective custody and conveyed to the hospital pursuant to this order.

**Officers were assigned to this call for more than five hours.

6) WEST: Weapons Offense – 3:20pm. Officers responded to three separate reports of vehicles being struck by paintballs. The first victim's vehicle was struck near West Towne Mall; there were also two small children present in this vehicle. The second victim's vehicle was struck five times, with one paintball entering the interior of the vehicle and narrowly missing the driver's head. The third victim's vehicle was struck as it traveled on S Gammon Rd. The suspect vehicle is consistent with the vehicle seen in previously reported paintball incidents. Investigation continuing.

7) SOUTH: Juvenile Arrest/Damage to Property – 3:31pm. Officers met with a mother and her son (11-year-old HM) on Moorland Rd to continue problem solving efforts regarding the juvenile's behavior after he had broken a window in an earlier incident. During the meeting, the juvenile became combative with officers and attempted to flee. He was arrested for criminal damage to property and resisting and was taken to the Juvenile Reception Center.

8) NORTH: Disturbance/Juvenile Arrest – 4:26pm. Officers responded to Waxwing Ln for a report of a juvenile (13-year-old WM) causing a disturbance and damaging property. The juvenile had struck his mother several times and damaged property belonging to a friend of the mother. The juvenile was arrested on charges of battery and disorderly conduct and was conveyed to the Juvenile Reception Center.

9) SOUTH: Weapons Offense – 4:36pm. Officers were dispatched to Emerson St after a witness reported seeing a suspect (18-year-old AAM) engaged in a disturbance with two other subjects outside. The suspect was yelling at the other subjects before he went into a residence and retrieved a long object of some sort, reportedly brandishing it over his head while approaching the other subjects. Officers checked the residence from which the weapon was retrieved with the consent of the resident, but the suspect had fled prior to police arrival. Investigation continuing.

10) WEST: Information/Sexual Assault – 5:37pm. Officers contacted a subject (WF) on Tokay Blvd who reported that she was sexually assaulted at some point in the past. Investigation continuing.

11) NORTH: Check Person – 6:19pm. Officers responded to Huxley St after a caller reported that their daughter (15-year-old WF) was making suicidal statements. The juvenile subject was contacted and ultimately conveyed to the hospital for a voluntary mental health evaluation.

12) EAST: Information/Missing Juvenile – 8:00pm. Officers responded to Golden Leaf Trl for a report of a missing 16-year-old juvenile. The subject's father believed he had been living at a youth shelter but later learned he was not there. An attempt to locate was aired via radio and the juvenile subject was listed as missing in NCIC. Investigation continuing.

13) NORTH: Crash w/ Injuries – 8:20pm. Officers responded to a two vehicle crash on Kinsman Blvd at N Stoughton Rd. A subject (30-year-old AAF) in a sedan had driven into the rear of a semi-truck, causing the sedan driver to be pinned in her vehicle. The sedan driver was removed from the vehicle and conveyed to the hospital with non-life threatening injuries. Investigation ongoing.

14) MIDTOWN: Runaway Juvenile – 10:28pm. Officers responded to the area of S Yellowstone Dr for a mother who wanted to report that her daughter (17-year-old WF) had run away from the residence. Investigation continuing.

15) SOUTH: Drug Incident – 10:29pm. Officers were dispatched to a parking lot in the 2100 block of Post Rd for a report of an unwanted person. Officers contacted the subject (33-year-old AAM) and eventually located multiple bags of crack cocaine in his vehicle following a K9 sniff and the subsequent search. The suspect was arrested on a charge of possession with intent to deliver cocaine and taken to the Dane County Jail.

16) MIDTOWN: Armed Robbery – 12:06am. Officers were dispatched to Greenbush Bakery after a report of an attempted armed robbery. A store employee reported that a suspect had entered the store and demanded money. The employee fled and the suspect ultimately left without obtaining any money. Investigation continuing; see press release for further information and updates.

17) EAST: Disturbance/Arrested Juvenile – 12:48am. Officers were dispatched to Old Camden Square after receiving a report of a disturbance. Officers learned that a juvenile subject (16-year-old AAF) had gotten into an argument with her aunt inside of the residence. The juvenile was reportedly holding kitchen knives in her hands during parts of the argument and also damaged property within the kitchen. The juvenile was eventually contacted and arrested on charges of disorderly conduct while armed and criminal damage to property and taken to the Juvenile Reception Center.

18) NORTH: Shots Fired – 3:22am. Officers responded to the area of Melody Ln and Stuart Ct after receiving multiple reports of shots fired in this general area. Officers were able to locate over 20 shell casings in the street in this area. There are no reported injuries and no reported damage to property at this time. Investigation continuing; see press release for further information and updates.

Posted by: Chief Koval

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