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Thread: Armed Homeowner Confronts Intruder in Racine

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    Armed Homeowner Confronts Intruder in Racine

    RACINE - A homeowner who found a burglar in his kitchen Saturday night held the suspect at gunpoint until authorities arrived, according to Racine police.

    Officers were called to the home in the 2100 block of Kinzie Avenue just before 10 p.m. Saturday by a resident of the house.

    Reports said the 21-year-old homeowner walked in the back door of the house about 10 minutes prior to the 9:54 p.m. incident. He left the door open, because he was preparing to leave again to go to work, police said.

    While the man was getting ready for work, he heard a noise in the kitchen. The man went into the kitchen and reportedly found Kevin Singstock, 25, of 932 West Lawn Ave.

    The man ran upstairs and got his handgun, reports said. He called out to another resident of the house - a 50-year-old woman - to call police.

    The woman, who had been sleeping on the living room couch, called authorities.

    The man reportedly confronted Singstock and pointed his gun at him. Reports said he ordered Singstock to the floor, where he held him until police arrived.

    Officers arrested Singstock for burglary, criminal trespass and disorderly conduct.

    Police said Singstock appeared intoxicated and refused to make a statement to investigators. He was taken to the Racine County Jail and was charged Monday with criminal trespass and disorderly conduct. He was given a $300 cash bond and $1,000 signature bond.

    If convicted he faces up to one year imprisonment.

    Residents of the home declined to comment Monday.


    Racine Journal Times Online
    http://journaltimes.com/news/local/c...cc4c03286.html

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    Lets just hope this guy doesnt get sued for false imprisonment or mental anguish for having a gun drawn on him.

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    Regular Member johnny amish's Avatar
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    I am willing to bet the homeowners were glad to have the right to protect themselves.
    "To sin by silence, when we should protest makes cowards out of men."
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    Quote Originally Posted by jjcharris View Post
    He left the door open.
    A first year public defender will beat this one.

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    Regular Member oak1971's Avatar
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    For once the paper and the police got it right.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Regular Member oak1971's Avatar
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    Doesn't matter if the door was open, the perp had do consent to enter the home.
    In God I trust. Everyone else needs to keep your hands where I can see them.

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    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    A first year public defender will beat this one.
    Doug:

    Are you saying that as I am going in and out brining in the groceries, or moving in for example (where I leave the door open for convenience), that you or anyone else can then enter the property (home) uninvited?

    Please elaborate...

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    Ahh, well, that's what I get for believing the "news". Singstock is actually charged with 943.14 and 947.01, and not burglary that was obviated by the open door, arguably an invitation to passers-by.

    Being drunk removes the criminal element of intent from 943.14 but the catch-all 941.01 disorderly conduct will get him.

    So, will Singstock bring a civil action? Will the newspaper publish a correction?

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    Quote Originally Posted by Doug Huffman View Post
    ... and not burglary that was obviated by the open door, arguably an invitation to passers-by.

    So, will Singstock bring a civil action? Will the newspaper publish a correction?
    And will OCDO ever figure out that Doug barely knows what he is talking about?

    Show me ANY case at law where an open door on a private residence is an "invitation" for the public to enter.

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    Quote Originally Posted by Spartacus View Post
    And will OCDO ever figure out that Doug barely knows what he is talking about?

    Show me ANY case at law where an open door on a private residence is an "invitation" for the public to enter.
    Spartacus, stop the asinine personal attacks. Instead why don't you post case law that clearly states that an open door to a private dwelling "is not" an invitation for the public to enter. Until then maybe it is you who does not know what he is talking about.

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    He made the damn-fool assertion. Let him back it up.

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    Regular Member GlockRDH's Avatar
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    Im wondering if 'open door' means that it was left UNLOCKED or was it PROPPED OPEN? either way, i dont see an invitation ot a drunk...

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    943.10(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.

    Oops, sorry, that's not <Spartacus' whiny-voice> "case law", that's black letter law!
    Last edited by Doug Huffman; 10-30-2010 at 11:52 AM.

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    Regular Member opusd2's Avatar
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    And with all of the "news" the nightly "news" talks about from all over, how come stories where someone protected themselves with the evil firearms are never talked about?

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    Only Tukhus Petard is professional enough to protect property with his dead[sic] weapon - or to demand "case law" when there's on-point black letter law - for non-lawyers. He can rot on his road to Hell.
    Last edited by Doug Huffman; 10-30-2010 at 11:57 AM.

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    Spartacus=Power Tool

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    Founder's Club Member bnhcomputing's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    943.10(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.

    Oops, sorry, that's not <Spartacus' whiny-voice> "case law", that's black letter law!
    I don't dispute the quote from the law at all.

    What I dispute is the premise that my "open door" while I'm taking in groceries or moving in new furniture is "open to the general public."

    I would stipulate that only in rare instances like an "open house" is my HOME open to the general public and that without statute or case law to the contrary, my home is private property and thus a trespass violation is valid. Burglary, not so much, unless the perpetrator actually took something.

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    That's what lawyers, judges and juries are for, that's their purpose.

    It says "a place" and not a/your home.

    Quibble on the noun phrase "general public". Anybody walking by is "general public" absent some specification of who may walk by. Who isn't "general public"? Invitees, licensees, agents, officers ... And I am not even a trained lawyer!

    Trespass maybe but not criminal trespass, for lack of inebriated ability to form intent. Depending on the details of Wisconsin trespass law - which I don't believe that has been here-OCDO settled - without effective notice it may not even be trespass.
    Last edited by Doug Huffman; 10-30-2010 at 12:34 PM.

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    Quote Originally Posted by Doug Huffman View Post
    Being drunk removes the criminal element of intent from 943.14 ...
    What is the legal basis for this assertion, Doug?

    Do you believe that Singstock will be found not guilty of this charge?

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    Santo Fumo! Henrietta T-troll back after a five month hiatus. When did Tukhus' start?

    Quote Originally Posted by HankT View Post
    What is the legal basis for this assertion, Doug?

    Do you believe that Singstock will be found not guilty of this charge?
    The charge is "Criminal trespass to dwelling". An element of all crime is intent, mens rea, that is arguably absent in a drunk.

    If you don't know Wisconsin Statutes well enough to know that yourself then you can MYOB until it pleases me to train you up.
    Last edited by Doug Huffman; 10-30-2010 at 01:52 PM.

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    Quote Originally Posted by Doug Huffman View Post
    The charge is "Criminal trespass to dwelling". An element of all crime is intent, mens rea, that is arguably absent in a drunk.

    If you don't know Wisconsin Statutes well enough to know that yourself then you can MYOB until it pleases me to train you up.
    "Arguably absent" in a drunk???

    Earlier, Doug, you said:

    "Being drunk removes the criminal element of intent from 943.14 ..."

    Yer backpeddlin', counselor . . . .

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    A brief explanation since Henrietta T-troll is a newbie to this forum version

    A brief explanation since Hank T is a newbie to this forum version.

    Settings | My Settings | My Account | Edit Ignore List works really well, even bringing Tukhus Petard to heel.

    You two can chat between yourselves without me because you have joined my Ignore List of thirteen now of similar character. Putting me on your iggy-list will save you a lot of frustration.
    Last edited by Doug Huffman; 10-30-2010 at 02:38 PM.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    943.10(3) For the purpose of this section, entry into a place during the time when it is open to the general public is with consent.
    Since a private home is almost never "open to the general public", that doesn't apply.

    As someone else pointed out, my leaving my front door open so the cats can watch the front door channel on big-screen kitty TV is in no way an invitation to anyone walking by to come on in. (Not that they could anyway, at least without some struggle, since the storm door is locked.)

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    Don't confuse subject and predicate. The subject is "a place" and the predicate is "open". Home and almost aren't mentioned.

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    Quote Originally Posted by Doug Huffman View Post
    A brief explanation since Henrietta T-troll is a newbie to this forum version.

    Settings | My Settings | My Account | Edit Ignore List works really well, even bringing Tukhus Petard to heel.

    You two can chat between yourselves without me because you have joined my Ignore List of thirteen now of similar character. Putting me on your iggy-list will save you a lot of frustration.

    So, uhm, do you believe that Singstock will be found not guilty of this charge, counselor?

    Uhm, again, er, you wouldn't happen to be a . . . betting man, now woudja, Master Doug?

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