[ARCHIVED THREAD] - Home Invasion (Page 1 of 2)
Posted: 12/4/2012 6:54:17 PM EDT
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I've spent time in my life thinking about what I would do in the event that someone broke in to my home. Last night, it actually happened. After hearing my dogs bark, I came out to the entrance room of my home and turned my outside lights on at around 1 a.m. I didn't see anything so I shut the light off and headed back to bed. Once my head hit the pillow, my dogs started to bark again and multiple loud banging sounds could be heard from the room I had just left. I grabbed my Springfield XD and instructed my girlfriend to take cover behind the bed and call 911. By the time I got out to the living room, he was already in the house. I took position behind a wall and instructed him not to move or I would shoot. He informed me that he would not move and that he was running from several men with guns who were somewhere outside. I held the gun on him and relayed information to my girlfriend to give the dispatcher. I also gave her a second handgun and instructed her to watch the windows in case someone else tried to enter. I kept an eye on the intruder until the police showed up and arrested him. He had shouldered right through a door that was locked with a deadbolt. The guy was 6'5" and reeked like alcohol. The cops took statements and then left us to clean up the mess.
In the morning, we took our written statements to the police department and asked if we could get information about the suspect. They made me file an open records request and wouldn't give me anything. I waited all day and they never called saying that information was ready. I checked out the county jail website and was able to find the suspect. He was charged with carrying a concealed weapon (knife), Criminal trespass to dwelling, criminal damage to property, Possession of THC, and Disorderly Conduct, all as a repeat offender. As I'm working on installing the new door that the suspect had ruined, I see him get in to a car at the end of my alley in the afternoon. The justice system is seriously messed up to let someone out on a signature bond when they are a repeat offender and were convicted of multiple felonies in years past. We called the police again and they came out and questioned him. He apparently claimed that he was looking for glasses that he had dropped the night before when he was looking for a house to break in to. Instead of taking him back to jail, they decided to let him leave town. I have never been involved in any situation like this and definitely feel like my peace of mind has been taken from me. I'm not sure if I handled everything properly and I have definitely learned from the situation. There are several things that I would do differently if I am ever faced with the situation again. I continue to get the run-around from the police. Can anyone shed some light on what the procedures are for trying to get restitution for the property that the suspect destroyed when I broke in to my house? I can't believe that this happened to me and thankfully the intruder complied with everything I said and I didn't have to take any further action. |
| I will be adding a Streamlight with a strobe function to my firearm since I didn't have a flashlight. I had to turn on the interior light to be able to see. I also made the mistake of not forcing the intruder to place his hands in the air where I could see them. I was positioned behind a wall and took my eye off of him once to open the door for the police. These are all things that are easy to look back at and see, but they don't seem so evident at the time. The dispatcher wanted me to drop my weapon before the police arrived. I refused to do so because I didn't feel comfortable standing there unarmed without knowing if the intruder was armed. |
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I am in an urban setting and other homes aren't more than 30 feet away. My home is closer to the alley than most so I'm assuming that's why I was targeted. I'm making some serious changes to the security precautions that I have in place.
He had a pocket knife on him that the police removed. If he had not obeyed every word things may have ended differently. I'm thankful that he was smart enough to listen to my commands. |
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No charge of felony burglary?? I'm no LEO or lawyer, but he posessed a weapon, and clearly didn't break in to solicit donations for the salvation army....
943.10(1m) Whoever intentionally enters any of the following places without the consent of the person in lawful possession and with intent to steal or commit a felony in such place is guilty of a Class F felony: (a) Any building or dwelling; or (b) An enclosed railroad car; or (c) An enclosed portion of any ship or vessel; or (d) A locked enclosed cargo portion of a truck or trailer; or (e) A motor home or other motorized type of home or a trailer home, whether or not any person is living in any such home; or (f) A room within any of the above. 943.10(2) Whoever violates sub. (1m) under any of the following circumstances is guilty of a Class E felony: (a) The person is armed with a dangerous weapon or a device or container described under s. 941.26 (4) (a). |
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You should really be making a big stink with the DA there about him being let out on a signature bond. When some idiots slashed my moms car tires when we were kids, they were just gonna slap them on the wrists (they slashed the drivers tires on all vehicles parked in the street for 4 blocks). Only reason they got jail time was because my mom made a BIG STINK on the DA. They also had priors also for vandalism. That clown should be in jail right now. If he's ballsy enough to break in right AFTER you shut the light off and apparently knew people were inside, his ass should be behind bars for at least a few nights until going to court. |
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An open records request is just that, a request. You may have better luck filing a FOIA claim.(?)
And latch on to your DA's ass like an Alabama tick. Someone's not doing their job. And they seem to get squirrely when you hint to telling the media how well (shitty) of a job they're doing. Aren't they elected? And yes, get a light for that handgun. If he wasn't blowing smoke up your ass about his homies outside, you may want to add a black rifle to your bedside as well. |
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At least the police didn't confiscate your weapon as evidence...sorry, hanging around GD too much.
This kind of stuff really contributes to the burn out of police officers. Friend of mine quite to go work in a prison he got tired of arresting the same scumbags over and over. Said his personal best was ending up rearresting some guy 1.5 hrs after he just got out of jail for something else. |
If someone busted down my door (solid, reinforced, steel doorframe) I would probably be shooting as soon as my Streamlight illuminated the perp. I will be legitimately fearing for my life if someone can bust a door like that in one blow. 
Was thinking about selling a Streamlight but after seeing the OP, it's going on the backup gun. |
| So he was running from several armed men? Makes you wonder why. Being that he already has a record, it sounds like he was already up to no good. Why were they chasing him? A drug deal gone bad? He just tried to break into someone else's house or car? If he talked, it'd be interesting to see what his reasoning was on the report. Crashing through a deadbolted door, he was either desperately afraid, or incredibly stupid, or both. |
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So he was running from several armed men? Makes you wonder why. Being that he already has a record, it sounds like he was already up to no good. Why were they chasing him? A drug deal gone bad? He just tried to break into someone else's house or car? If he talked, it'd be interesting to see what his reasoning was on the report. Crashing through a deadbolted door, he was either desperately afraid, or incredibly stupid, or both. My guess is lame excuse. "why did i break through your door? Uh.... yeah... uh.... you see... some dudes were chasing me with guns. Yeah....that's it, guns.... and i had to get away from them....yeah. " |
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So he was running from several armed men? Makes you wonder why. Being that he already has a record, it sounds like he was already up to no good. Why were they chasing him? A drug deal gone bad? He just tried to break into someone else's house or car? If he talked, it'd be interesting to see what his reasoning was on the report. Crashing through a deadbolted door, he was either desperately afraid, or incredibly stupid, or both. You don't actually think...for a second...this wasn't pure BS, do you? |
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So he was running from several armed men? Makes you wonder why. Being that he already has a record, it sounds like he was already up to no good. Why were they chasing him? A drug deal gone bad? He just tried to break into someone else's house or car? If he talked, it'd be interesting to see what his reasoning was on the report. Crashing through a deadbolted door, he was either desperately afraid, or incredibly stupid, or both. My guess is lame excuse. "why did i break through your door? Uh.... yeah... uh.... you see... some dudes were chasing me with guns. Yeah....that's it, guns.... and i had to get away from them....yeah. " Right into the sights of a non-imaginary guy with a non-imaginary gun. :) |
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You live in LaCrosse, one of the most liberal areas of the state, and you think the police or the DA really cares? You are obviously a man of means, you own a house, hell you probably even have a job. YOU are the enemy, not the guy that broke in, at least in the eyes of the politics of the day.
I am glad things turned out well, it sounds like you did everything right, even though the dispatcher wanted you to put your gun down before the police arrived, I wouldn't have either. |
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I'm a little slow to get back on here because I went back to work today. Stopped at city hall and picked up the FOIA request that I filed yesterday for the police report. The suspect claims that he was in a bar about 4 blocks from my house and was being intimidated by several men. He claims to have run from the bar because he feared that they were going to harm him. He said that he scrambled through several yards trying to enter houses and get away from the men who were chasing him. The "pocket knife" that they found in his jacket was a folder, that was locked open, with a 4" blade. I can't believe he didn't fall on it. He claims to have first knocked on my door before breaking in. I had went in to that room and turned the exterior light on and didn't see him anywhere. The fact that both of our cars were parked feet away from the door, combined with me turning on the light, should have been more than enough for a premeditated break-in.
I ended up recognizing who he was after taking a closer look at him. He used to live in the rental house that is across the alley from mine(about 3 years ago). So instead of attempting to get in to his prior residence, which is currently vacant, he broke my door in. He had a BAC of .039 and had admitted to smoking marijuana earlier in the night. Apparently they didn't take in to account his prior felony convictions when they allowed him out on bond. None of this adds up and his initial court appearance isn't until February. I'll be calling the DA this afternoon. It's easy to pass judgement and say what you would do if it happened to you, heck, I have done it a hundred times. You won't actually know what you will do until it happens. Thankfully, I had a firearm by the bed, another for the girlfriend, and the most vicious miniature dachshund and boston terrier to alert me that something was wrong. |
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I'm a little slow to get back on here because I went back to work today. Stopped at city hall and picked up the FOIA request that I filed yesterday for the police report. The suspect claims that he was in a bar about 4 blocks from my house and was being intimidated by several men. He claims to have run from the bar because he feared that they were going to harm him. He said that he scrambled through several yards trying to enter houses and get away from the men who were chasing him. I ended up recognizing who he was after taking a closer look at him. He used to live in the rental house that is across the alley from mine. So instead of attempting to get in to his prior residence, which is currently vacant, he broke my door in. None of this adds up and his initial court appearance isn't until February. I'll be calling the DA this afternoon. Guarentee you he'll claim he was intoxicated, and in his alcohol impaired mind, he thought he was locked out of "his" residence. 
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Good luck, I hope all your actions help put him away for a little while.
. EDIT-How much impact do victim statements have on courts? Would it make a difference? My daughter had her car stolen two years ago in Polk County. The police didn't find her car, her boyfriend spotted it at a house. He called the police, they came and got it, were very rude to her BF. A week later she got a terse call saying her car was through being processed she could pick it up. When she got to the impound lot she was told she could get her car after she paid the fees for the impound and storage. The victim of the crime had to pay to get their property back!!!! Nothing would sway the county official so she paid it and got her car. The guy who stole it? Multiple offender, released after trial after paying a disorderly conduct fine. |
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I will be adding a Streamlight with a strobe function to my firearm since I didn't have a flashlight. I had to turn on the interior light to be able to see. I also made the mistake of not forcing the intruder to place his hands in the air where I could see them. I was positioned behind a wall and took my eye off of him once to open the door for the police. These are all things that are easy to look back at and see, but they don't seem so evident at the time. The dispatcher wanted me to drop my weapon before the police arrived. I refused to do so because I didn't feel comfortable standing there unarmed without knowing if the intruder was armed. Arm chair quarterbacking after the event is no fun.. but just a suggestion. Attach a spare key to a Chem-Light stick that way you could have the wife throw it out a window to the police so they can open the door themselves in case you were in a position you couldn't get to the door! Glad to hear you and the family survived the encounter and you didn't have to drop the hammer. |
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Can anyone shed some light on what the procedures are for trying to get restitution for the property that the suspect destroyed when I broke in to my house? Getting a judgement and collecting the money are two different things, good luck on that. From experience I can say it is not worth it and you will be pissed about it either way. You didn't mention if you used a light? I assume you did and that is why he stopped in his tracks. My Bro and I each have had similar situations and I can honestly say in each case it was the light that saved the bad guys ass. Skip it, I see your light info posted later. You make them get flat on the floor, hands on their heads, pointing away from you. He can't make any fast moves and any friends coming at you have to go over him. |
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Can anyone shed some light on what the procedures are for trying to get restitution for the property that the suspect destroyed when I broke in to my house? Contact the Victim/Witness Services, part of the DA's office, for assistance. The victim advocates should be eager to help. Here's their website for La Crosse county: http://www.co.la-crosse.wi.us/departments/da/docs/VictimWitness/RghtsSvcs.htm From that site: Recovering Costs
The Wisconsin Department of Justice has a program to reimburse crime victims, or in the case of death their dependents and family members, for certain expenses incurred as the direct result of a crime. The Crime Victim Compensation (CVC) Program can reimburse for medical and mental health expenses, lost wages, loss of support, funeral and burial expenses, cleaning up the crime scene, and clothing and bedding held as evidence as long as these expenses are not covered by another source, such as private insurance or public funds. The program does not reimburse for property loss or damage. There are requirements that must be met in order to be eligible for the program. CVC may make awards even if no one is arrested or prosecuted. If you want to learn more about eligibility requirements or to request an application, ask the V/W Specialist or call the Office of Crime Victim Services, toll‑free at 1-800-446‑6564 (264‑9497 in the Madison area). You can also request information and application forms by writing to: Office of Crime Victim Services P.O. Box 7951 Madison, WI 53707‑7951 Note on the above--OCVS lives for this stuff, but I'm not sure they're able to reimburse for property damage alone, and they'll only get involved as a payer of last resort. Their site: http://www.doj.state.wi.us/cvs/CVCompensation/Compensation_Brochure.asp. What about restitution? If found guilty, the court may order the offender to pay for financial losses you suffered as a result of the crime. During the sentencing hearing, the DA should ask the judge to order restitution as part of the sentence. How do I apply for restitution? You will be asked to provide documentation about your out of pocket expenses. Contact the Victim/Witness Program for further information and assistance. How will I get paid restitution? When restitution payments begin, the offender will give the money to their supervising agent. The agent forwards the money to the Wisconsin Department of Corrections cashiers office, which then sends it to you. Offenders who are not supervised by DOC, but owe restitution, will make payments to the local Clerk of Court or District Attorney’s office. Either department will then forward the restitution payment to you. If you have questions about restitution, ask the V/W Program. You can also call the Community Corrections office that is supervising the offender. Is there any other way to recover my losses? Filing a lawsuit is another option for recovering losses. Civil recovery is an action that is separate from the criminal prosecution. Filing a civil action does not stop you from requesting restitution at the time of sentencing in the criminal case. If you are interested in filing a civil action you may want to consult an attorney who has experience in civil law; however, you are not required to have an attorney. You may want to contact your local clerk of courts and learn about filing instructions and fees, damage limits and the time frame in which you have to file. Hope this helps! |
| Thanks for the support and suggestions everyone. I called the DA's office and they would only let me speak to a Victim/Witness coordinator. She happened to be busy so I left her a voicemail and she did not return my call for the remainder of the day. If I don't hear back from her by noon tomorrow, I'll call again. If that doesn't work, I'll just drop by the courthouse and get in front of them so they can't shuffle me to voicemail. |
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Sad truth is that unless it's Mayberry the cops are almost always are in triage mode.
And as far as stonewalling you on info, my guess is they are always in CYA-mode and dealing with low-lifes who are trying to get info to engage in tit-for-tat escalation crap, and they don't see you as a regular good person just trying to find out WTH is going on.
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Man, I still can't believe the guy was back out on bond so quick. Especially for an armed home invasion. Sorry, but a pocket knife extended out and ready to go is a weapon. I'm sure he was very aware of your place from living there in the area in the past. As for the light coming on and back off, I bet the dude didn't even notice it. As far as beefing up door(s): http://www.kickproofdoor.com/armor.html If you don't do the hinge side, at least take the short screws out and put longer 3" or 4" screws that reach deeper into the frame. Pics of the splintered door of yours? |
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bond schedule
943.01 (1) Criminal damage to property or 943.14 Criminal trespass to dwelling are $200 bonds V OUT |
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He had a BAC of .039 .... Dude! Obviously, getting sh!tfaced is something that dirtbag does a lot of if he was still even semi-coherent and vertical. CM uh, .08 is the legal limit, he was half way there Doh! My eyes weren't working right when I read that...hmmm, seems like I could have been sh!tfaced 
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Glad to hear you came out of it mainly intact. Makes me wonder how good my alarm system is too. An alarm and a dog might not be enough. Need more guns. I have also used these for years, just another layer. They are easy as hell to use and don't slow me down in the least when I go to let the dog out for a piss. Door bar |
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bond schedule 943.01 (1) Criminal damage to property or 943.14 Criminal trespass to dwelling are $200 bonds V OUT But see p. 78. 
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You won't actually know what you will do until it happens. This. The artificial stress that is generated by good scene-training is enough to rattle people into doing all manner of stupid things that they wouldn't ordinarily do. I think you did great for being startled by the real thing. Tier-One doggie treats are in order as well. |
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Quoted: The problem with burglary is proving intent. I am meeting with the Assistant District Attorney tomorrow, so I'll see what she has to say. I plan to give my $.02 on what I think should happen to this a-hole! "Door is broken down, I found perp in my house", should be enough on the forced entry part. Good for pressing it more. |
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The problem with burglary is proving intent. I am meeting with the Assistant District Attorney tomorrow, so I'll see what she has to say. I plan to give my $.02 on what I think should happen to this a-hole! What act, that is not intending to steal or commit a felony, would involve breaking down the door? " When a naked man is chasing a woman through an alley with a butcher knife and a hard-on, I figure he isn't out collecting for the Red Cross." |
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The problem with burglary is proving intent. I am meeting with the Assistant District Attorney tomorrow, so I'll see what she has to say. I plan to give my $.02 on what I think should happen to this a-hole! What act, that is not intending to steal or commit a felony, would involve breaking down the door? " When a naked man is chasing a woman through an alley with a butcher knife and a hard-on, I figure he isn't out collecting for the Red Cross." He works for sledge locks and Was real world destructive testing wothout the owners consent.... |