From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Battery. 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 – Battery, as defined in §940.19(1) of the Criminal Code of Wisconsin, as being committed by one who causes bodily harm to another by an act done with the intent to cause bodily harm to that person or another without the consent of the person so harmed.
State's Burden of Proof – Battery: Before you may find a defendant guilty, 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 –
- The defendant caused bodily harm to (name of victim).
- "Cause" means that the defendant's act was a substantial factor in producing the bodily harm.
- "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
- The defendant intended to cause bodily harm to [ (name of victim) ] [another person].
- "Intent to cause bodily harm" means that the defendant had the mental purpose to cause bodily harm to another human being or was aware that (his) (her) conduct was practically certain to cause bodily harm to another human being.
- The defendant caused bodily harm without the consent of (name of victim).
- The defendant knew that (name of victim) did not consent.
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 05/30/2018 through 5:00 a.m. on 05/31/2018, MPD received 524 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 524 calls for service for the past 24-hours this is how the calls came in per district: Central (94), East (83), Midtown (72), North (76), South (99), West (63), and Other (37). 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".
**Our network remained down most of the day on 5/30, so therefore the calls below are limited.
1) NORTH: Domestic Disturbance – 4:13 p.m. Officers responded to a local hospital to take a report of a domestic disturbance that occurred in the north district. Two victims (AAFs, ages 19 and an infant) and one suspect (21-year-old AAM) were identified. Probable cause was developed for the suspect, who remains at-large. Once located, the suspect will be charged with domestic-related charges for battery, disorderly conduct, strangulation and false imprisonment. Investigation continuing.
2) MIDTOWN: Mental Health Conveyance – 5:15 p.m. Officers responded to the 200 block of S. Park St to check the welfare of a subject (83-year-old WF). An emergency detention was sought and approved. Transport to Winnebago is pending. Investigation continuing.
3) WEST: Missing Juvenile/Runaway – 6:18 p.m. Officers responded to a west side residence for a report of a missing juvenile (15-year-old UF). Attempt to locate aired. The juvenile was listed as missing in the appropriate databases. Investigation continuing.
4) NORTH: Domestic Disturbance – 6:53 p.m. Officers took a battery report from a victim who came into the North District. The victim (31-year-old WF) reported that the suspect (19-year-old WF) is her adopted daughter and they got into an altercation where the suspect strangled her. The victim had visible injuries. The suspect was arrested for domestic charges, including strangulation. Investigation continuing.
5) EAST: Domestic Disturbance – 8:24 p.m. Officers responded to Camden Rd for a domestic disturbance between two subjects (18-year-old AAF victim and 27-year-old WM suspect). The victim reported that her boyfriend/suspect punched, pushed and strangled her. The suspect was not on scene when officers arrived but drove by the residence as officers were present. A traffic stop was conducted. The suspect was arrested on domestic-related charges for disorderly conduct, battery and strangulation. The suspect was also identified as being the suspect in a previous domestic incident; so therefore he faces additional domestic-related charges. A safety plan was put into place for the victim. Investigation continuing.
6) EAST: Battery – 11:10 p.m. Officers responded to Rethke Ave for a combative subject who assaulted two victims. The suspect (78-year-old WM) physically assaulted two victims (52-year-old WF and 22-year-old WF). The suspect was transported to a local hospital for a medical clearance. After being medically cleared, the suspect was conveyed to jail and during the process he attempted to kick a police officer. The suspect was charged with battery, disorderly conduct and attempted battery to a police officer.