From the Wisconsin Criminal Jury Instructions (University of Wisconsin Law School), I share information on Substantial Battery with Intent to Cause Bodily Harm. 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 – Substantial Battery with Intent to Cause Bodily Harm, as defined in §940.19(2) of the Criminal Code of Wisconsin, as being committed by one who causes substantial bodily harm to another by an act done with the intent to cause bodily harm to that person or another.
State's Burden of Proof – Substantial Battery with Intent to Cause Bodily Harm: Before you may find a defendant guilty, the State must prove by evidence which satisfies you beyond a reasonable doubt that the following two elements were present.
Elements of the Crime That the State Must Prove –
- The defendant caused substantial bodily harm to (name of victim).
- "Cause" means that the defendant's act was a substantial factor in producing the substantial bodily harm.
- "Substantial bodily harm" means bodily injury that causes [a laceration that requires (stitches) (staples) (a tissue adhesive)] [any fracture of a bone] [a broken nose] [a burn] [a petechial] [a temporary loss of consciousness, sight, or hearing] [a concussion] [a loss or fracture of a tooth].
- The defendant intended to cause bodily harm to [ (name of victim) ] [another person].
- "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.
- "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 intent to cause bodily harm must exist at the time of the act causing substantial bodily harm.
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 06/05/2018 through 5:00 a.m. on 06/06/2018, MPD received 574 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 574 calls for service for the past 24-hours this is how the calls came in per district: Central (96), East (123), Midtown (79), North (92), South (76), West (77), and Other (31). 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 11am-12:15pm.
**Priority only calls from 10:07pm-12:40am.
1) WEST: Residential Burglary/Stolen Auto – 6:30 a.m. Officers responded to Sabertooth Trail where a suspect(s) entered a residential garage (left open)and stole a vehicle (which was left unlocked and keys inside). A second vehicle was also in the garage and the key for that vehicle was stolen (but vehicle was not). Attempt to locate aired. Vehicle was entered as stolen in the appropriate databases. Investigation continuing.
2) CITY-WIDE: Weapons Offense/Person with a Gun – 10:02 a.m. Officers responded to the area of Aberg Ave/E. Washington Ave where a suspect (27-year-old AAM) pointed a gun at a subject who was driving. Officers talked with the suspect over the phone and the suspect agreed to go to a police district. The suspect did not show up at a police district but was ultimately contacted and arrested. A 14-year-old child was in the vehicle with the suspect. Unknown charges at the time of this writing. Investigation continuing.
3) NORTH: Death Investigation – 10:14 a.m. Officers responded to a north side residence for a deceased subject (41-year-old WF). Nothing suspicious on scene. Medical Examiner's office responded. Investigation continuing.
4) CENTRAL: Adult Arrested Person – 1:31 p.m. Officers came upon a disturbance at the top of State St where a suspect (31-year-old WF) punched another person. The suspect resisted officers. The suspect was arrested for disorderly conduct. MPD Mental Health Officer conducting follow-up. Investigation continuing.
5) SOUTH: Drug Incident/Overdose – 1:55 p.m. Officers responded to McDivitt Rd for a subject (60-year-old AAM) having an overdose. An MPD officer administered Naloxone and performed CCR which revived the subject. The subject was conveyed to a local hospital. No charges were able to be substantiated at this time. Investigation continuing.
6) MIDTOWN: Child Abuse – 2:24 p.m. Officers responded to a local hospital for a child (10-month-old) with an unexplained injury. Child Protective Services plugged in. Parents of the child were interviewed and their explanation of the injury was consistent with the injury to the child. The child was in the process of being released (to his parents) from the hospital. Investigation continuing.
7) CENTRAL: Sexual Assault – 2:29 p.m. Officers responded to a report of a sexual assault that occurred the previous night. The victim (33-year-old WF) was evaluated at a hospital. Investigation continuing.
8) SOUTH: Weapons Offense – 4:23 p.m. Officers responded to Emil St for a report of a subject with a gun attempting to jump the caller. Officers arrived and learned that the caller was about to be jumped by two suspects so he fled into a business. Two victims (15-year-old AAF and 30-year-old AAF) inside the business observed one of the suspects (16-year-old AAM) pull up his shirt which exposed a handgun and the suspect tapped his hand on the gun. The suspects fled in a vehicle that was occupied by several other individuals. The suspects (15-year-old AAF, 15-year-old AAF, 14-year-old AAM and 16-year-old AAM) have been tentatively identified. The 16-year-old AAM has probable cause for his arrest for disorderly conduct while armed. Suspects at-large. Additional charges may be forthcoming. Investigation continuing.
9) NORTH: Fight Call – 8:11 p.m. Officers responded to Northport Dr/Dryden Dr for a fight involving numerous subjects. The victim (23-year-old AAM) reported being battered by multiple subjects. One of the suspects (18-year-old AAF) was identified by the victim and observed in the area. The suspect was charged with battery and disorderly conduct. Investigation continuing.
10) EAST: Missing Juvenile/Runaway – 10:00 p.m. Officers responded to an east side residence for a report of a missing/runaway juvenile (17-year-old HM). Attempt to locate aired. The juvenile was listed as missing/runaway in the appropriate databases. Investigation continuing.
11) NORTH: Weapons Offense/Shots Fired – 10:53 p.m. Officers responded to East Bluff for a report of shots fired. Area checked. No evidence of shots fired located. Additional canvassing of area may be necessary during daylight hours. Investigation continuing.
12) WEST: Stolen Auto – 11:41 p.m. Officers responded to a west side residence for a residential burglary/stolen auto complaint. The victim (26-year-old AAF) reported that her vehicle was stolen from her driveway. The victim's sister (28-year-old AAF) was at the home earlier and the victim believes her sister/suspect took her vehicle without permission. Areas checked. Attempt to locate aired. The vehicle was listed as stolen in the appropriate databases. Investigation continuing.
13) EAST: Disturbance – 12:10 a.m. Officers responded to Dempsey Rd for a report of an intoxicated subject armed with a knife. The suspect (28-year-old WM) arrived at the bar intoxicated and for unknown reasons pulled out a knife. Another patron took the knife as they believed the intoxicated subject should not be in possession of it. The suspect, once realizing his knife was gone, caused a disturbance. The suspect was cited for disorderly conduct and advised to leave the area.