From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Taking and Driving a Vehicle Without the Owner's Consent (we refer to this charge as Operating a Motor Vehicle Without Consent of the Owner – OMVWOC). 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 – Taking and Driving a Vehicle Without the Owner's Consent, as defined in §943.23(2) of the Criminal Code of Wisconsin, is committed by one who intentionally takes and drives any vehicle without the consent of the owner.
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 intentionally took a vehicle without the consent of the owner.
2) The defendant intentionally drove the vehicle without the consent of the owner.
"Drive" means to exercise physical control over the speed and direction of a vehicle while it is in motion.
3) The defendant knew the owner of the vehicle did not consent to taking and driving the vehicle.
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 05/23/2018 through 5:00 a.m. on 05/24/2018, MPD received 561 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 561 calls for service for the past 24-hours this is how the calls came in per district: Central (89), East (122), Midtown (72), North (80), South (64), West (75), and Other (59). 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 5:55pm to 6:39pm due to high call volume.
**Priority only calls from 8:19pm until 11:20pm due to the attempted homicide on State St.
**Priority calls only from 12am-3:05am in the East District due to the death investigation.
**Priority calls only from 1:10am-2:14am in the South District due to calls for service.
**Priority calls only city-wide from 1:22am-2:14am due to calls for service.
1) EAST: Theft(s) from Auto – 7:31 a.m. Officers responded to the Sprecher Rd area where it was reported that four vehicles (all unlocked) were entered by unknown subjects. A purse was taken from one of the vehicles. An unlocked garage was also entered. Investigation continuing.
2) EAST: Residential Burglary – 8:16 a.m. Officers responded to Starker Ave where an unknown subject entered an unlocked vehicle and gained entrance to the garage (by using the garage door opener in the vehicle). The suspect took the garage door opener and keys, but nothing else was apparently taken at this time. Investigation continuing.
3) NORTH: Disturbance/Battery – 8:25 a.m. Officers responded to the 1900 block of Northport Dr for a disturbance that involved multiple subjects (all known to each other). Two victims and three suspects were identified as being involved. Three suspects (25-year-old AAF, 22-year-old AAM and an AAF – unknown age) assaulted two victims (25-year-old AAM and 19-year-old AAF). The only subject on scene when officers arrived was the 25-year-old AAF suspect who was in need of medical attention. She was conveyed to a local hospital. Child Protective Services was notified as a child was found to be on scene and observed the incident. Investigation continuing.
4) MIDTOWN: Mental Health Conveyance – 10:22 a.m. Officers responded to check the welfare of a subject (18-year-old AAF) who was walking in traffic and had made recent threats to harm people. The subject was contacted on S. Gammon Rd and conveyed to a local hospital for an evaluation. A safety plan was established. The subject was released from the hospital and is in the care of her mother.
5) EAST: Missing Adult – 1:35 p.m. Officers responded to the N. Thompson Dr for a report of a missing adult (27-year-old AAF with cognitive delays). Attempt to locate aired. The subject was entered as missing in the appropriate databases. Investigation continuing.
6) EAST: Information/Sexual Assault – 2:16 p.m. Officers responded to an east side residence to meet with a subject/victim (22-year-old AAF) who reported being sexually assaulted (4th degree) by an unknown AAM. The suspect was not on scene and has not yet been identified. Investigation continuing.
7) CENTRAL: Weapons Offense – 4:11 p.m. Officers responded to the area of S. Blair St/E. Main St for a subject (66-year-old WM) causing a disturbance. The subject was conveyed to a local hospital for a mental health evaluation. Subject matter experts at the hospital determined that this occurrence was behavior-related; not due to a mental health concern. The subject was subsequently transported to jail for disorderly conduct.
8) EAST: Adult Arrested Person – 7:04 p.m. Officers responded to the 600 block of Cottage Grove Rd for a disturbance between two subjects (18-year-old WF and 23-year-old AAF). Both subjects were ultimately arrested. The female subject was arrested for resisting and bail jumping. The male subject was arrested for possession of cocaine with the intent to deliver and obstructing (lied about his identity).
9) CENTRAL: Attempted Homicide – 8:01 p.m. Officers responded to the 500 block of State St for a report of shots fired. Officers located a victim (36-year-old AAM) with a gunshot wound to the head and to his arm. The victim was conveyed to a local hospital for emergency medical treatment. Injuries were deemed to be not life threatening at this time. Suspect is at-large. Press release completed. Investigation continuing.
10) SOUTH: Adult Arrested Person – 10:19 p.m. Officers responded to McDivitt Rd for a domestic disturbance between two subjects (48-year-old WF victim and 54-year-old WM suspect). The victim reported being hit and threatened by the suspect. The suspect was arrested for domestic-related charges – battery and disorderly conduct.
11) EAST: Death Investigation – 11:44 p.m. Officers responded to the 2000 block of S. Stoughton Rd (on the highway) for a report of a subject down. Officers located a subject (61-year-old WF) deceased at the scene. Medical Examiner's office responded. Preliminary investigation shows that the victim sustained injuries consistent with being struck by a vehicle. The involved vehicle did not remain on scene. Press release completed. Investigation continuing.
12) CENTRAL: Aggravated/Substantial Battery – 12:48 a.m. Officers responded to talk with a victim (20-year-old WF) who reported being physically assaulted by an unknown subject/suspect (AAM) on W. Gilman St. The victim was able to quickly stop the attack and fled to a safe location where she called the police. The suspect fled and is at-large. Press release completed. Investigation continuing.
13) CENTRAL: Adult Arrested Person – 2:28 a.m. Officers responded to a report of an armed robbery on Jenifer St. Two victims were identified (29-year-old WF and 27-year-old WF) as well as two suspects (18-year-old AAM and AAM, unknown age). The victim reported walking home with a friend when two unknown subjects approached them, a struggle ensued and a backpack was taken. The suspects fled and two good Samaritans assisted by catching one of the suspects (18-year-old AAM) and holding him until officers arrived. The backpack was recovered. A BB gun was located on the suspect. The suspect was arrested and conveyed to jail for robbery – party to a crime. The second suspect is at-large. Investigation continuing.