Chief Koval's Blog

MPD Daily Significant Calls 06/18/2018 to 06/19/2018

June 19, 2018 11:06 AM

From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Criminal Trespass to Dwellings.  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 – Criminal Trespass to Dwellings, as defined in §943.14 of the Criminal Code of Wisconsin, is committed by one who intentionally (enters) (remains in) the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.

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) The defendant intentionally (entered) (remained in) the dwelling of another.   

"Dwelling" means a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others [whether or not currently occupied by a resident.]

2) The defendant (entered) (remained in) the dwelling without consent of someone lawfully upon the premises. 

3) The defendant (entered) (remained in) the dwelling under circumstances tending to create or provoke a breach of the peace. 

It is not necessary that an actual breach of the peace occurred as a result of defendant's conduct.

The term "breach of peace" includes all violations of peace and order.  [It may consist of an act of violence or an act likely to produce violence.  It may consist of profane and abusive language by one toward another.] [It may consist of acts that put (name of victim) in fear of bodily harm or otherwise disturb or disrupt the peace and sanctity of the home.]

4) The defendant knew that (the entry into) (remaining in) the dwelling was without consent and under circumstances tending to create or provoke a breach of the peace and knew that it was the dwelling of another. 

 

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 06/18/2018 through 5:00 a.m. on 06/19/2018, MPD received 510 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 510 calls for service for the past 24-hours this is how the calls came in per district: Central (84), East (86), Midtown (71), North (86), South (75), West (79), and Other (29).  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: Domestic Disturbance – 4:46 a.m.  Officers responded to Williamson St for a domestic disturbance between two subjects (52-year-old WF victim and 48-year-old AAM suspect).  The victim and suspect are married.  The couple had been drinking alcohol and got into a verbal argument.  The suspect struck the victim multiple times in the head causing her pain.  The suspect was arrested on domestic-related charges for disorderly conduct and battery.  * 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) WEST: Residential Burglary – 5:15 a.m.  Officers responded to Prairie Hill Rd for a residential burglary.  The victim/resident (21-year-old WM) woke up to hearing footsteps in his residence.  He observed two subjects flee his residence, get into a vehicle and drive away.  The suspects had gained entrance to his home by using the garage door opener that was left in his unlocked vehicle in the driveway.  A gun, keys to home/vehicle, cash and other items were stolen.  Investigation continuing.

3) NORTH: Adult Arrested Person – 7:24 a.m.  Officers responded to a hotel on E. Washington Ave for a subject who was attempting to eat breakfast that is meant for registered guests, even though he himself was not a guest.  The subject/suspect (30-year-old AAM) had been previously given warnings about trespassing.  The suspect was contacted and arrested for trespassing.  The suspect also had a probation violation warrant pending.  A crack pipe was located on him during a search incident to arrest so he was also charged with possession of drug paraphernalia. Investigation continuing.   

4) SOUTH: Disturbance – 2:21 p.m.  Officers responded to Moorland Rd for a disturbance between two subjects (11-year-old HM suspect and his mother/victim - 29-year-old HF).  The juvenile got into a verbal/physical altercation with his mother.  The juvenile hit his mother in the face with an object, threw food/food containers and cut a door handle with a knife.  The juvenile resisted being detained by officers.  The juvenile was conveyed to the Juvenile Reception Center on charges of battery, criminal damage to property and disorderly conduct while armed.   

5) EAST: Check Person – 3:37 p.m.  Officers responded to an east side residence to check the welfare of a suicidal subject (51-year-old WF).  Officers located the subject who admitted to taking pills and drinking alcohol in an attempt to commit suicide.  The subject was conveyed to a local hospital where she was voluntarily admitted.  The subject was left in the care of medical staff.

6) NORTH: Assist Law Enforcement – 4:32 p.m.  MPD received a request from the Oshkosh Police Department to check an address for two escaped prisoners from Winnebago County Correctional Facility.  Address checked.  The suspects were not located.  Investigation continuing.    

7) CENTRAL: Check Person – 4:59 p.m.   A subject/suspect (52-year-old WM) called his place of employment and made some suicidal statements.  The suspect also made some veiled threats toward his employer.  The suspect was contacted and found to be intoxicated.  The suspect was arrested for disorderly conduct.  Investigation continuing. 

8) WEST: Stolen Auto – 5:39 p.m.  Officers responded to a public parking lot of the mall where a vehicle was stolen.  The vehicle was left in the parking lot unoccupied, unlocked and with a spare key left inside.  Attempt to locate aired.  The vehicle was listed as stolen in the appropriate databases.  Investigation continuing. 

9) NORTH: Adult Arrested Person – 5:54 p.m.  Officers responded to Vera Court reference a suicidal subject (53-year-old AAM) who was in possession of two knives.  Officers arrived in the area and the subject was no longer there.  A short time later, a 911 disconnect call came in to the North Police District.  Officers checked the district lot and observed the subject in his vehicle with the knives pointed at his forehead.  Officers were able to safely take the subject into protective custody.  The subject denied being suicidal.  Journey Mental Health consulted.  The subject had an outstanding warrant and the vehicle he was in was confirmed to be stolen.  The subject was also found to be under the influence.  The subject was arrested for operating a motor vehicle while intoxicated (1st offense) and a probation hold.  Investigation continuing. 

10) SOUTH: Check Person – 6:33 p.m.  Officers responded to a report of a missing adult (64-year-old HM) who had not been seen by his wife for several days.  Areas checked.  Attempt to locate aired.  Investigation continuing.      

11) EAST: Domestic Disturbance – 12:26 a.m.  Officers responded to Rethke Ave for a report of a fight.  Officers located two subjects involved in a domestic disturbance (39-year-old WF victim and 51-year-old AAM suspect).  The victim reported that the suspect grabbed her but she refused to provide any other details.  The victim sustained visible injuries.  Both the victim and suspect were intoxicated.  The suspect was arrested for domestic disorderly conduct, resisting and a probation hold.  

12) EAST: Damage to Property – 2:04 a.m.  Officers responded to Atwood Ave reference a tree that fell on a car and took out a power line, due to the weather.  MG&E notified.  MFD also responded to assist.  No reports of injuries. 

13) CENTRAL: Battery – 3:04 a.m.  Officers responded to W. Main St reference a battery.  The victim (25-year-old AAF) reported being physically attacked by the suspect (37-year-old AAM).  Officers contacted the suspect who was not cooperative.  The suspect was arrested for battery, intimidation of a victim, strangulation, 4th degree sexual assault, bail jumping, possession of drug paraphernalia and disorderly conduct.  Investigation continuing. 

14) EAST: Death Investigation – 3:15 a.m.  Officers responded, along with MFD, to an east side residence for a pulseless non-breathing (PNB) subject (59-year-old WF).  Lifesaving measures were not successful.  Nothing suspicious on scene.  The decedent had multiple health issues.  Investigation continuing.       

Posted by: Chief Koval

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