From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Intimidation of a Victim. 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 – Intimidation of a Victim, as defined in §940.44 of the Criminal Code of Wisconsin, as being committed by one who knowingly and maliciously prevents or dissuades (or who attempts to so prevent or dissuade) another person who has been the victim of any crime from making any report of the victimization to any peace officer or law enforcement agency.
State's Burden of Proof – Intimidation of a Victim: Before 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 –
- (Name of victim) was a victim of a crime.
- "Victim" means a person against whom a crime has been committed or attempted in this state.
- In this case, it is alleged that (name of victim) was a victim of (name of crime). (Name of crime), as defined in § ___ of the Criminal Code of Wisconsin, is committed by one who (refer to the uniform criminal jury instruction for a definition of the crime). Before you may find the defendant guilty of intimidation of a victim, you must be satisfied beyond a reasonable doubt that (name of victim) was the victim of (name of crime).
- The defendant (prevented) (dissuaded) (attempted to prevent) (attempted to dissuade) (name of victim) from reporting the crime to any law enforcement agency.
- The defendant acted knowingly and maliciously.
- This requires that the defendant knew (name of victim) was a victim of a crime and that the defendant (acted with the intent to injury or annoy another) (or) (acted with an intent to interfere with the orderly administration of justice).
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 06/03/2018 through 5:00 a.m. on 06/04/2018, MPD received 368 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 368 calls for service for the past 24-hours this is how the calls came in per district: Central (65), East (83), Midtown (51), North (60), South (43), West (43), and Other (23). 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) NORTH: Arson – 6:45 a.m. Officers, along with MFD, responded to the 1200 block of Carpenter St for a report of a "smoldering charcoal grill". Officers actually located a "Little Free Library" that had been on fire. Investigation continuing.
2) NORTH: Intoxicated Driver – 9:04 a.m. Officers responded to the area of Ruskin/Sheridan for a traffic crash in which a driver/vehicle collided with a parked vehicle. The driver was found to be under the influence. The driver/suspect (39-year-old WM) was arrested for operating a motor vehicle while intoxicated (3rd offense) and outstanding warrants.
3) MIDTOWN: Death Investigation – 9:59 a.m. Officers responded to a pulseless non-breathing (PNB) subject (58-year-old AAF). The subject was deceased when officers arrived. Medical Examiner's office responded. Nothing suspicious on scene. Investigation continuing.
4) WEST: Retail Theft – 11:28 a.m. Officers responded to a store at West Towne Mall where two suspects (AAFs) stole paintball guns and clothing. The suspects fled in a vehicle. Investigation continuing.
5) WEST: Adult Arrested Person – 1:58 p.m. Officers responded to Raywood Rd for a report that a wanted subject was present. The subject/suspect (22-year-old AAM) had cut off his monitoring bracelet and was not remaining in contact with his probation/parole officer. Officers responded to the area, located the suspect and took him into custody without incident. The suspect was conveyed to jail on a probation hold. Investigation continuing.
6) NORTH: Check Person – 3:31 p.m. Officers responded to a north side residence to check the welfare of a subject (28-year-old WF). The subject was taken into protective custody and conveyed to a local hospital for an evaluation. During the detention of the subject, she became resistive/combative towards officers. The subject attempted to kick out the doors of the squad during the transport to the hospital. Investigation continuing.
7) NORTH: Crash with Injuries – 3:42 p.m. Officers responded to a multiple-vehicle crash near International Ln/Packers Ave. One of the driver's (60-year-old AAM) lost control of his vehicle, traveled across three lanes of oncoming traffic which caused multiple vehicles to crash. The driver/suspect was the only individual who sustained injuries (non-life threatening). The driver/suspect was conveyed to a local hospital for treatment. The driver/suspect reports he "blacked out" while driving. He was issued a citation for inattentive driving as there were no medical conditions/concerns identified by medical staff. Investigation continuing.
8) CENTRAL: Disorderly Conduct – 4:23 p.m. Officers responded to the 500 block of N. Lake St for a subject throwing rocks at cars and people. The subject/suspect (28-year-old AAM) was contacted and he became resistive towards officers. The suspect was conveyed to jail for disorderly conduct and criminal damage to property.
9) WEST: Check Person – 4:41 p.m. Officers responded to the 5700 block of Old Middleton Rd reference a runaway juvenile (15-year-old WF). The juvenile was contacted and the juvenile proceeded to throw rocks at the officers. Officers determined that the best resolution was to convey/return the juvenile to her home. Investigation continuing.
10) CENTRAL: Drug Incident/Overdose – 6:24 p.m. Officers responded to the 1800 block of E. Washington Ave for a subject (28-year-old WM) having an overdose. The subject was revived by the time officers arrived. The subject was conveyed to a local hospital where he was admitted. The subject was given order-in dates to court for bail jumping and possession of heroin.
10) SOUTH: Missing Juvenile/Runaway – 9:02 p.m. Officers responded to Turbot Dr for a report of a missing/runaway juvenile (12-year-old AAF). The juvenile has run away several other times. Attempt to locate aired. The juvenile was listed as missing/runaway in the appropriate databases. Investigation continuing.
11) SOUTH: Crash with Injuries – 9:39 p.m. Officers responded to the 1700 block of Moorland Rd for a hit-and-run crash. The suspect driver/vehicle (42-year-old AAM) disregarded a stop sign which led to a crash and resulted in a subject in the victim vehicle getting pinned. The driver and passenger from the victim vehicle both sustained injuries and were transported to a local hospital (passenger sustained a broken pelvis; driver sustained minor injuries). The suspect fled the scene. K9 track conducted. Areas checked. Press release completed. Investigation continuing.
12) EAST: Disturbance – 10:33 p.m. Officers responded to the 2100 block of Atwood Ave for an intoxicated and disorderly subject (40-year-old WF). Officers contacted the subject who resisted and hit an officer. The subject continued to resist and kicked and spit at officers. The subject/suspect was conveyed to jail on charges of disorderly conduct, resisting, discharging bodily fluids at a peace officer and a probation hold.
13) MIDTOWN: Check Person – 11:01 p.m. Officers responded to a local hospital to make contact with a juvenile (13-year-old AAF) who had been brought in previously by MFD after she was found passed out on State St. The juvenile was found to have multiple drugs in her system. The juvenile was not cooperative with officers. Child Protective Services notified. Investigation continuing.
14) MIDTOWN: Weapons Offense/Shots Fired – 12:04 a.m. Officers responded to Lathrop St for a report of shots fired. Area checked. No evidence of shots fired located at this time. Additional canvassing may be necessary during daylight hours. Investigation continuing.
15) NORTH: Disturbance – 1:23 a.m. Officers responded to Northport Dr for a report of a disturbance with a gun involved. The victim (32-year-old AAF) reported being hit by the suspect (28-year-old AAM) while he was holding a handgun. The victim did not sustain any injuries. Officers attempted to make contact with the suspect but did not locate him. Once located, the suspect will be charged with disorderly conduct while armed. Investigation continuing.