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Armed Homeowner Confronts Intruder in Racine

jjcharris

Regular Member
Joined
Apr 20, 2009
Messages
20
Location
racine, Wisconsin, USA
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/...cle_b7579e6a-cfdc-11df-a186-001cc4c03286.html
 

Terkeytoes

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Oct 5, 2010
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Location
Wisconsin
Lets just hope this guy doesnt get sued for false imprisonment or mental anguish for having a gun drawn on him.
 

bnhcomputing

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Dec 13, 2007
Messages
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Wisconsin, USA
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...
 

Doug Huffman

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Location
Washington Island, across Death's Door, Wisconsin,
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?
 

Spartacus

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La Crosse, Wisconsin, USA
... 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.
 

J.Gleason

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May 1, 2009
Messages
3,481
Location
Chilton, Wisconsin, USA
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.
 

opusd2

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Oct 1, 2008
Messages
453
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Butt is in, Wisconsin, USA
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?
 

bnhcomputing

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Wisconsin, USA
§ 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.
 

Doug Huffman

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Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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.
 
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Doug Huffman

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Washington Island, across Death's Door, Wisconsin,
Santo Fumo! Henrietta T-troll back after a five month hiatus. When did Tukhus' start?

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.
 
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