Civilian Gun Self-Defense Blog

Labels: altercation, defender shot, WI

Convenience store owner stops two robbers with own gun

A convenience store owner who was robbed earlier this month stopped two would-be-robbers before they even reached the service counter Friday afternoon when he pulled out a handgun.

Numan Pasqualine, the owner of Quick Market at 4303 16th St., said he saw two men approaching his store on the video surveillance camera.

“I thought there was something wrong,” he said. “They had their heads down, so you couldn’t see their masks.”

The men entered the Quick Market, and one of them waved a gun. Pasqualine said he grabbed his own gun from behind the counter. “I told him to get down twice,” he said.

The man, who was standing in the corner near the entrance, and the second suspect, who was already by the door, then fled the store and ran south on Indiana Street. They didn’t take anything from the store.

Racine police were called to the convenience store at 12:16 p.m.

Reports said this is the second time the Quick Market was robbed this month. On Feb. 3, just before 7 p.m. two masked men entered the store, one armed with a handgun and robbed it.

Pasqualine said Friday he is not sure if the men who tried to rob his store were the same men who took money from him earlier this month. “I’m not sure, since they had masks.”

Labels: business robbery, WI

Jury acquits State Street shooter

Even though he shot and killed a man during a drunken fight on State Street on May 22, Daniel Kelly left the courtroom Friday night a free man, found not guilty of first-degree reckless homicide.

Public defender Dennis Burke successfully argued that on the night when 23-year-old Austin Bodahl died from a gunshot wound to his chest, Kelly, an Army and National Guard veteran, had fired in self-defense.

Kelly's father, Steve Kelly, appeared relieved but subdued as he left the court late Friday after the jury announced its verdict.

"About all I can say is it's been a tragedy for both families," he said. "The Bodahls are very nice people.

"I would hope that society would treat young men who are a little different with a little more respect," he added. "This fight should have been stopped by people long before it got to this point."

The jury's verdict came after jurors deliberated through part of the afternoon and all of the evening. After it was announced, Steve Kelly said his son was planning to leave Madison to see his grandmother in North Carolina.

The case centered around a nighttime fight on State Street that erupted after Kelly encountered three drunken young men whose lives, like Kelly's, were largely untethered. Jurors were to decide, as instructed by Dane County Circuit Judge Daniel Moeser, whether Kelly, 31, caused Bodahl's death through "criminally reckless conduct" that showed "utter disregard for human life," or whether Kelly used force likely to cause death because he reasonably believed that such force was necessary to prevent imminent death or great bodily harm to himself.

(Much More)

Man cleared in fatal shooting in Madison

A man has been acquitted in the shooting death of the son of a former Minnesota state legislator during a fight last spring.

A Dane County jury deliberated nine hours before announcing its decision in the trial of 31-year-old Daniel A. Kelly late Friday.

He was charged with first-degree reckless homicide in the fatal shooting of 23-year-old Austin Bodahl of Waconia, Minnesota in a late-night fight on May 22. Kelly was accused of taking a gun from a homemade holster under a kilt he was wearing and shooting Bodahl on Madison's State Street.

Bodahl was the son of former Minnesota state Rep. Larry Bodahl. He had moved to Madison just weeks before his death.

Kelly's attorney, assistant public defender Dennis Burke, had argued in the trial that Kelly shot Bodahl in self-defense.

But prosecutors argued Kelly did not take reasonable steps to avoid the fight with Bodahl.

Labels: altercation, WI

Victim And Alleged Attacker Come Face-To-Face In E.R.

A Milwaukee pizza delivery driver managed to fight off two would-be robbers, but was surprised when he ran into one of his alleged attackers at the hospital.

Police said a gunman tried to hold up the Pizza Hut driver while he was out on a delivery near 23rd Street and Verona Court just after 7 o'clock Wednesday night.

While the driver was fighting with the suspect, a second man attacked him.

That's when police said the pizza man grabbed the gun and began pistol whipping the first attacker.

The pizza driver went to St. Francis Hospital to get treatment and saw the first suspect sitting in the emergency room.

The victim called police, and the suspect was arrested.

Officers are still looking for the second suspect.

Labels: criminal's gun taken away and used against him, pizza delivery driver, street robbery, WI

Bar owner chases down .44 Magnum-toting robber

Herb Ott doesn’t like to be robbed. In fact, he takes it pretty darn personally.

On Thursday around noon, a man in a camouflage mask and clothing and carrying a .44 Magnum handgun and a bag walked into Ott’s bar, Poor Nate’s Tavern, in the township of Dellona about 50 miles northwest of Madison.

The bartender, who declined to give her name, said the robber never pointed the gun at her, but went straight to the money drawer. She began screaming for Ott, who was upstairs doing the bar’s books, as the robber headed out the back door with nearly $5,000 in his bag.

The 68-year-old Ott came charging downstairs and burst out the back door after the robber, shouting at him to stop.

"I told him, ’Give me my frickin’ money back,"’ Ott said.

Ott followed the robber through the countryside behind the bar, careful to keep his distance. The robber ducked from tree to tree, looking back at him from time to time, Ott said.

He ran up a hill toward some rental cottages before Ott found him trying to hide behind a shed.

Ott began to swear at the robber - "I used the Lord’s name in vain. I think he was scared" - and the robber handed the money bag and loaded gun over to him.

"I says, ’Why did you do it?’ He said, ’I’m sorry, but I’m broke,"’ Ott said.

Ott walked the robber back to the bar and made him sit at a table until Sauk County Sheriff’s deputies arrived.

Ott said he recognized the 31-year-old robber once he had the mask off him. He had come into the bar in the past to cash checks, Ott said, which explains how the robber knew where the money was.

The man offered no explanation for the robbery or his decision to surrender, Ott said.

"He just said he was sorry after I found out who he was," Ott said.

Ott has owned Poor Nate’s Place, on State Highway 23 between Reedsburg and Wisconsin Dells, for more than 30 years. He thinks he’s been robbed at least twice before. The police always have recovered his money, he said, but this time he took matters into his own hands.

"I wasn’t going to let him just walk away with a bag of money," Ott said. "Why would a guy just let him walk away?"

Sauk County Chief Deputy Chip Meister said chasing down a man who has a .44 Magnum may not have been the wisest move, but it worked.

"Obviously, it wasn’t the safest action. However, because of his efforts the suspect was apprehended," Meister said.

Ott said he didn’t have a plan when he went out the back door.

"I just wanted to follow him and, I guess, see where he went to and see if he got in a car and get a license number or whatever. I just stayed my distance and yelled at him and finally he gave up. He just handed me the gun and the money and that was it."

Ott said he expected the robber to turn and open fire. But he knew what he would have done:

"I figured if he’s going to shoot, I’m going to duck."

Labels: business robbery, criminal's gun taken away and used against him, WI

Retired farmer kills wolf

A retired farmer took matters into his own hands Monday when he shot and killed a gray wolf after he lost a newborn calf to a pack of wolves.

George Metropulos, 71, killed the female gray wolf with a .22-caliber rifle after suspected members of her pack dragged away a just-born calf. He said he was planning to scare the wolf but hit her in the eye and killed her instantly.

Since the western Great Lakes gray wolf has been removed from the endangered species list, it is legal to shoot the animals if they are on private property and causing harm to livestock. Monday's incident was the second civilian shooting since the wolf's de-listing, but damage by gray wolves has increased, according to the Wisconsin Department of Natural Resources.

(More)

Labels: animal, WI

Business Owner Prevents Bar Break-In

Burglars target a local bar after-hours, but they don't get far. The owner fired a shot and ran them off.

It happened early Thursday morning at Reilly's Crescent Tavern. That's north of Cadott in Chippewa County. Investigators say they believe no one was hit by the round because they found a bullet that matches the bar owner's gun.

The sheriff's office says it's the second time tavern owners have confronted a burglar in the last month. Someone broke into a bar in Eagleton last week.

Labels: business burglary, WI

Police: Delivery Driver Shoots Teen Trying To Rob Him

Teen's Injuries Not Life-Threatening

A Milwaukee pizza delivery man shot a 16-year-old who tried to rob him, according to Milwaukee police.

It happened at 8:30 p.m. Thursday near 22nd and Hadley streets on the city's north side.

The delivery driver worked for Mona Lisa Pizza.

The delivery driver's case has been referred to the district attorney's office, which is standard procedure, but it appears he was protecting himself, 12 News reporter Brenday Conway said.

Police said the 16-year-old armed suspect tried to rob the delivery driver and instead of giving the boy money, the man pulled out a gun and fired.

The boy was shot three times in the stomach, according to police.

The injuries are not considered life-threatening.

Last summer, a Milwaukee pizza delivery driver shot a teenage boy who tried to hold him up. That teenager also lived. The delivery driver was not criminally charged.

Labels: pizza delivery driver, street robbery, WI

Fatal shooting now ruled self-defense

Milwaukee police Thursday removed a homicide from their annual tally after a killing was ruled self-defense, a Police Department spokeswoman said.

Phillip Felder, 21, died Dec. 9 after suffering multiple gunshot wounds outside a party in the 2800 block of N. 9th St.

FBI rules state that police departments should not report shootings that are justified or accidental in their annual homicide lists. The Milwaukee County district attorney's office ruled the Felder homicide self-defense, said Anne E. Schwartz, department spokeswoman.

As of Thursday, 103 killings in Milwaukee have been classified as homicides. The figure was 122 at this time last year.

Labels: altercation, WI

Man Shoots Teens Trying To Rob His Store

18-Year-Old Killed

Police said a storeowner shot and killed one of two teenagers he said was trying to rob his Milwaukee store.

Singh and his wife, Devinder Singh live above the store at 31st Street and Glendale Avenue.

They said they heard noises around 1:30 a.m. Monday.

Police said the 51-year-old took his gun, went downstairs and shot at the two teenagers, ages 17 and 18.

The 18-year-old later died.

Singh was taken into police custody, but was later released.

Monday, his wife defended his actions.

"In this United States, we have the right to live our life, and we are not criminal. We are working 9 a.m. to 9 p.m. My husband he drives a semi. He works more than me. So we have the right, and we have the right to kill if someone comes on my property like that," Devinder Singh said.

Singh is scheduled to meet with the district attorney Thursday to determine whether the shooting was justified.

Labels: business robbery, WI

Pizza delivery driver won't be charged in shooting

A 35-year-old pizza delivery man who shot a 14-year-old boy he said was trying to rob him won't face criminal charges.

Milwaukee County Assistant District Attorney Irene Parthum, who reviewed the July 14 incident, said Andres Vegas of Cudahy was acting in self-defense when he shot the boy, who himself was wielding a BB gun pistol. Police said at the time that the 14-year-old suffered non-life-threatening wounds to the shoulder, hand and buttock.

Parthum also said Vegas, who had been delivering a pizza in the 2400 block of N. 34th St. at the time of the shooting, won't be charged for carrying a concealed firearm because he had been robbed during a delivery last year and, under state weapons law, had a reasonable belief he needed to protect himself.

The 14-year-old and a 13-year-old who may have been his accomplice could be charged next week in Children's Court, prosecutors there said.

Deliveryman who shot 2 is charged

Prosecutors say shootings justified, but gun concealed

A pizza deliveryman who has shot two people on the job in the past seven months was hit with his first criminal charge Wednesday: carrying a concealed weapon.

Andres Vegas, 46, who told authorities that the teenagers he shot last month and in July were trying to rob him, appeared in court and was released on a $1,500 signature bond Wednesday. He faces up to nine months in jail and a $10,000 fine if convicted of the misdemeanor. His next court appearance is scheduled for Feb. 19.

According to the criminal complaint, Vegas, of Cudahy, was making a delivery in the 2800 block of N. 22nd St. on the evening of Jan. 4 for Mona Lisa Pizza, 4831 W. North Ave. As he got out of his car, he was approached by an armed assailant. Vegas then reached into his car's passenger seat, got his .32 semi-automatic pistol and shot his assailant, the complaint says; he then waited for police.

The complaint says the suspect admitted trying to rob Vegas, who prosecutors then determined was justified in the shooting. But because Vegas' gun had been on "the front passenger seat beside the pizzas," it met the definition of a concealed weapon.

The complaint also says that "prosecutorial discretion" was why Vegas wasn't charged in the July shooting, even though he "admitted to carrying a gun on his person in a concealed manner." But Vegas was warned then that he could not carry a concealed gun for protection on his job.

Judge: Conceal-Carry Law 'Unconstitutional' In Shooting

Charges were dropped Monday morning against a Milwaukee pizza delivery man accused of shooting two would-be robbers, and in a 10-page statement, the judge said Wisconsin's law forbidding the carriage of a concealed weapon, as it pertains to this case, was unconstitutional.

Andres Vegas was delivering pizza near 22nd and Locust streets Jan. 4 when a 16-year-old pulled out a gun and demanded money, police said. Vegas was accused of pulling out his own gun and shooting the teen three times.

The incident in January was the second time in less than six months that Vegas shot someone who tried to rob him on the job. In July of 2006, a 14-year-old boy pulled a gun on Vegas, who retaliated by shooting the boy three times. Then-District Attorney E. Michael McCann said that since Vegas had been robbed in the past, state law said he had a reasonable belief that he needed to protect himself and did not file charges.

Following the latter case, Vegas was charged with carrying a concealed weapon and faced nine months in jail if convicted. That charge was dismissed Monday.

"He's happy the judge reached his decision and he appreciates being able to walk out of here after eight months of fighting this prosecution," Vegas' lawyer, Craig Mastantuono, said.

Mastantuono said two laws collide in this case. One constitutional amendment allows people to bear arms for certain purposes, such as self-defense, but another makes it illegal to carry a concealed and dangerous weapon.

"So you have this gap between what the amendment allows for in terms of protecting Wisconsin citizens and what the law bans. Right now this gap is the problem," Mastantuono said.

Milwaukee County Circuit Judge Daniel Noonan cited two previous cases, State v. Hamdan and State v. Fisher, in his decision.

Noonan said that Vegas "works in a dangerous, high crime area in the city" and "is engaged in a cash business activity that makes him a target of armed robberies." He also acknowledged that Vegas had been the victim of multiple violent crimes, that the gun was purchased legally for the "purpose of security and protection," and made a "strong inference that Vegas' concealed weapon has saved his life" in the past.

According to the National Rifle Association, 40 states have right-to-carry laws. The remaining 10 have very limited issue of permits and are not considered right-to-carry states. In Texas, having a concealed weapon means applying for a permit. In Vermont, no permit is necessary.

District Attorney John Chisholm's office said they will not appeal Noonan's decision and lawyers for Vegas said that he is no longer delivering pizzas.

Labels: pizza delivery driver, street robbery, WI

A grocer whose west side store was robbed fired on the fleeing robber, Milwaukee police said Friday.

The robbery occurred at 8:45 a.m. Thursday at C&S Vliet Super Market, 2729 W. Vliet St. After the robber obtained cash from a 15-year-old clerk and ran from the store, the 53-year-old store owner chased him and fired at him, said Anne E. Schwartz, Police Department spokeswoman.

Labels: business robbery, WI

Police: Wauwatosa Business Owner Shoots Would-Be Robber

Two men tried to rob a tropical fish store on North Avenue in Wauwatosa Tuesday afternoon, but the store owner decided to fight back and fired a gun at the robbers.

An Aqua-Terra Aquarium employee told 12 News reporter Kai Reed that her boss was just opening up the store at noon when two men ran in and tried to rob the place.

Jessica Fohl wasn't there, but she heard the details during a phone call to her boss.

"He said, 'Somebody just came in the store and tried to rob me at gunpoint.' He said, 'Right now,' he said, 'Some guy ran, and I shot after him,' and he said. 'I have another person on the floor right now that I'm standing on and holding at gunpoint,'" Fohl said.

Fohl said the owner has kept a gun under the counter since he opened up the store 32 years ago.

Two stores across the street were held up last week. Several others have been targeted in the last year, 12 News reported.

Fohl said there would have only been $100 or less in drawer.

An 18-year-old was shot in the chest. He ran to a home nearby, where police captured him. He is in critical condition in an area hospital. The other teenager, 17, is in police custody.

Two teens charged in Tosa armed robbery

Two Milwaukee teens have been charged with armed robbery in last week's holdup of a Wauwatosa business that left one of the suspects in critical condition with a gunshot wound.

The Milwaukee County District Attorney's Office will not be charging the 52-year-old store employee who shot the robber, saying he acted in self-defense.

Charged in the May 2 holdup of Aqua-Terra Aquariums, 6410 W. North Ave., are Derrek M. Friday, 18, of the 6600 block of N. 51st St.; and Victor Allen Boyd, 17, of the 5900 block of N. 68th St., both in Milwaukee.

Friday faces a second count in connection with the armed robbery of the All Africa Market & Beauty Supply store across the street at 6421 W. North Ave. on April 28.

The aquarium shop holdup was the fourth armed robbery at a business along that stretch of W. North Ave., known as the East Town Business District, since April 19.

Labels: business robbery, minor offender, WI

Rhinelander Man Shot At While Working In Woods

A logger told investigators two men drove up and shot at him while he was working alone in the woods, sparking a gun fight in the forest, the Lincoln County Sheriff's Department said.

John "Homer" Van Meter of Rhinelander told investigators he had never seen the other two men before and he didn't know what prompted the shooting, said Mike Caylor, communications officer with the sheriff's department.

Van Meter was in serious condition at an area hospital Friday with three bullet wounds to his torso and a graze wound to his head, Caylor said. The injuries were not considered life-threatening.

Van Meter, 52, was working around noon Wednesday when a passenger in a black sport utility vehicle got out and began shooting at him with a handgun, the sheriff's department said.

Van Meter ducked behind his truck where he retrieved his own pistol and returned fire, he said, telling deputies he thought he injured the passenger, the sheriff's department said.

The driver emerged with a rifle and began shooting, but Van Meter said he thinks he injured that man as well before the driver got back in the SUV and drove away without his passenger, according to deputies.

The passenger started running through the woods, so Van Meter said he grabbed a 12-gauge shotgun and continued the gun battle until the man disappeared, deputies said. Van Meter said he sustained the torso injuries during the chase.

He walked back through the woods, discarding his shotgun by a road after he grew too weak to carry it, he told authorities. Wardens with the state Department of Natural Resources found the shotgun by the road Thursday.

Van Meter sought help from a homeowner, who called 911.

"Everything we're finding in terms of physical evidence is matching up with what Mr. Van Meter is telling us," Caylor said.

Investigators found more than 30 shell casings from the original shooting site, believed to have come from the driver's weapon.

The crime scene covers a two-mile stretch into the woods, slowing the investigation, according to authorities.

Labels: assault, WI

Two are shot after breaking into rural home

Two people who broke into a rural home near Blanchardville early Thursday were shot by the home's owner, according to the Lafayette County Sheriff's Department.

The home invasion at 16971 Highway N apparently left at least one person dead, although officials would say little about the incident.

Late Thursday, the home, a remodeled creamery at the bottom of a tree-covered bluff, remained cordoned off with police tape. Half a dozen officials milled about, including Lafayette Deputy Coroner Rudy Gebhardt.

3 killed in rural shooting

Two intruders were shot and killed by a homeowner in rural Blanchardville early Thursday morning, but when sheriff's deputies went to the home to investigate and found large amounts of illegal drugs in the home, the homeowner pulled a gun and fatally shot himself in the head.

Bradley Fandrich, 34, 16971 County N, pulled the gun during questioning and shot himself, according to Lafayette County Sheriff Scott Pedley.

Fandrich's wife Jeanna called 911 at 3:15 a.m. Thursday morning to report the shootings of the unidentified intruders, and also that Bradley Fandrich was shooting at a fleeing vehicle as it was pulling out of the driveway of the home.

Labels: home invasion, WI

Mom Fights Back Against Burglar

A Milwaukee mother she woke up Thursday morning to find an intruder in her house, but she was more than equipped to defend herself, her children and her little brother.

The man went through a window into the woman's house.

Her first instinct, she told 12 News, on hearing the breaking glass downstairs at the front door was to call 911, which she did.

But, with her young son and teenage brother downstairs, she decided she couldn't wait and had to take things into her own hands.

At 6 a.m., she was awakened by the sound of broken glass, and it terrified her.

WISN 12 News is not identifying the woman, or the house, at her request.

"I called 911. I grabbed the pistol, and I came down the stairs. As I was coming towards the front door to see what all the commotion was at, he was kind of walking towards the direction of me, and I fired two shots," the woman said.

The shots sailed a bit over the intruder's head into the wall as he dropped to the ground.

But the woman said the drama was far from over.

Bleeding from the broken glass, he scampered into the front room where her 6-year-old son and 16-year-old brother were scared to death.

"Right after I fired two shots, he kinda ran into the living room and grabbed my little brother by the neck, and I told him, 'If you do not let him go, I will kill you.' I said, 'I'm gonna count to three.' And I said, 'One, two,' and the police were already at my door, and they told me to put the pistol down. 'We got him. We'll get him. Don't worry about it,'" she siad.

She was grateful police arrived as quickly as they did, for her sake and his.

"Maybe next time before you go to leap in somebody's house he'll think about it because it might not be a next time, and he might not survive. Because if the police hadn't came I probably would've kept shooting," the woman said.

She said she bought the gun last summer after her older brother was murdered.

"I never knew when, but I always wanted to have it," she said.

Still shaken by actually having to use it, she's glad she was able to do what she had to do.

"We're OK, you know, we're OK. This was a scare. It was a scare, but we're all right and he's all right," the woman siad [sic].

Police confiscated her gun, which is standard procedure in any shots-fired incident in Milwaukee...

No charges are expected, and she will likely have her gun back in a day or two, 12 News reported.

The suspect is a 43-year-old Green Bay man with two theft convictions.

He told the woman he was only breaking in because he was afraid because somebody was shooting at him outside.

Labels: residence burglary, WI

Intruders beware: Victims of burglaries could be armed

These days, Mark Dempsey is easily startled when he hears a sudden noise at his apartment.

Earlier this month, noises at his apartment door turned out to be the sound of would-be burglars. Two teenagers were trying to pry their way inside his home at 1107 Cleveland Ave. on Jan. 10.

Dempsey, 52, shouted out the first thing that came to his mind. He asked them if they wanted to get shot, and they ran away. A broken foot prevented Dempsey from running after them, and they haven't been caught.

During the month of December, Wausau police investigated two attempted burglaries to homes and one to a business. Police received reports of 11 burglaries in the city last month, including six to homes.

Dempsey has a warning to potential burglars, and not just to the ones who tried to break into his apartment: Besides hurting the victims of your crime, you could be putting your own life in jeopardy.

As the owner of a pistol, Dempsey realized that when he felt threatened his thoughts immediately went to his weapon. He never would have chased after the teens and fired shots at them. But if they had gotten inside and threatened his life with a gun, it's hard to say, he said.

Labels: residence burglary, WI

Clerk foils robbery attempt by firing shotgun at suspect

Authorities with the Barron County Sheriff's Department say that on Thursday, Dec. 29, at 12:33 p.m., they received a 911 emergency call from Trappers Crossing Bait and Liquor Store, located at 2534 8-1/4 Avenue in the Town of Chetek.

According to the call, two white males entered the store. One demanded money from the clerk while displaying a handgun. According to the sheriff's department, the clerk, Tomas Mulrooney of Los Angeles, Calif., removed a loaded shotgun from under the counter and fired one round in the direction of the suspect with the gun. Both suspects immediately fled the store, leaving in a dark green-colored truck.

The suspect was not hit or injured by the blast, and no money was taken.

Labels: business robbery, WI

Police treating shooting at club as self-defense
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A shooting that left one man dead and another critically injured in a bar early Saturday is being treated as a self-defense case, police spokeswoman Anne E. Schwartz said Tuesday.

LaCharles Hester, 27, was killed and another man, 23, who was not identified, was wounded in the chest by a bartender at Club Lush, 2529 N. Hopkins St., Schwartz said. The case has been referred to the Milwaukee County district attorney's office as justified but it will be up to prosecutors to rule on whether charges will be filed in the case, she said.

The bar owner was trying to clear the bar when Hester pulled out a gun, fired into the ceiling and pointed the gun at the bartender and other people in the bar, Schwartz said. The bartender, 36, who was not identified, drew a gun from his holster and shot Hester in the back of the head, she said.

The 23-year-old man then tried to take the gun away from the bartender and it fired, hitting the 23-year-old in the chest, Schwartz said.

Labels: assault, WI

Owner shoots intruder

A Janesville homeowner shot and critically wounded a man that police say broke into the attic through a roof vent and then crashed into the living room through the ceiling Monday night.

Kurt E. Prochaska, 38, of 3920 Afton Road, Janesville, remained in critical condition this morning at Mercy Hospital, Janesville.

Prochaska was shot once in the back by Michael L. Rainiero, 45, of 2520 Linden Ave., Janesville, said Lt. Danny Davis, head of Janesville police detectives.

Davis said Rainiero, his wife and three children were asleep when Rainiero woke at 11:24 p.m. to the sound of Prochaska crashing through the living room ceiling and falling 8 feet to the floor.

"He removed the attic vent and at some point while he was in the attic fell through the rafters and onto the living room floor," Davis said.

Davis said he wasn't sure if Prochaska was hurt in the fall, but Prochaska was walking when Rainiero confronted him in the hallway between the living room and bedrooms, Davis said.

"Both the homeowner and Prochaska are at opposite ends of the hallway. The homeowner verbally challenges him, tells him to leave, to get out," Davis said.

This morning, investigators still had not talked with Prochaska, but Davis said Rainiero told officers that after ordering Prochaska out of the house, Prochaska stepped into a bathroom off the hallway.

"That's when the homeowner retreated to the bedroom and got his gun," Davis said.

Rainiero told police he loaded the .380-caliber semiautomatic pistol that he keeps in his bedroom and cocked a shell into the chamber, Davis said.

"When the homeowner stepped back into the hallway with his firearm, Prochaska emerged from the bathroom and was now back in the hallway," Davis said.

Rainiero told police he verbally challenged the intruder again, Davis said.

"When Prochaska did not respond to the homeowner's request to leave, the homeowner shot him," Davis said.

From a range of several feet, Rainiero fired one shot from the small handgun, and the bullet struck Prochaska in the back, Davis said.

Before Rainiero pulled the trigger, Prochaska said something, but Davis declined to reveal what Prochaska said.

After being shot, Prochaska fell to the floor. Rainiero remained in the hallway, and his wife called 911, Davis said.

Davis said Prochaska was not armed and was not carrying burglary tools.

When asked if Rainiero was justified in shooting Prochaska, Davis replied that the case remains under investigation.

(Much more about Prochaska‘s criminal history)

Prosecutor says he won't file charges in shooting of intruder

Rock County District Attorney David O'Leary says he won't file charges against a Janesville man, who shot an intruder who fell into his Janesville home through the living room ceiling Monday night.

O'Leary says the homeowner had no reasonable opportunity to retreat as the intruder was not complying with his repeated demands to leave.

The prosecutor says the 45-year-old homeowner's actions were reasonable and justified. He says the man was entitled to self-defense and to protect his family.

The 38-year-old intruder was shot once in the back near his spine. He was treated at Mercy Hospital in Janesville and later transferred to University Hospital in Madison.

O'Leary says he would never be able to convince a jury beyond a reasonable doubt that the homeowner was unreasonable in believing that he and his family were in danger.

The district attorney says it's still possible that a civil suit could be filed, but he doesn't believe the intruder could win one if it was filed.

The man shot by a Janesville doctor in what authorities think was a burglary of the doctor's home has sued the doctor for negligently using excessive force.

Kurt Prochaska, 39, Janesville, still is awaiting trial on charges of burglary and felony criminal damage because of events late on the night of Oct. 31, 2005, when, police reported, he crashed through the ceiling of Michael Rainiero's home, 2520 Linden Ave., Janesville, in an attempt to burglarize the home.

Prochaska is now in state Department of Corrections' custody because his probation for earlier crimes was revoked.

His lawsuit does not specify an amount for damages.

In the suit filed in August in Milwaukee County, Prochaska admits being in Rainiero's home when he was shot once by Rainiero. But Prochaska claims in the suit:

"Rainiero then returned to his bedroom, retrieved a handgun from the closet, released the trigger lock, he then called out to his wife to call 911, whereupon he then returned to the hallway, his hands were shaking badly, he knelt down, yelled at the intruder to leave, in a split second he decided to fire the weapon towards the subject because he wanted him to leave.

"Rainiero negligently fired a shot and accidentally hit the plaintiff in the back, severing the plaintiff's spinal cord."

The lawsuit alleges Rainiero's negligent use of excessive force "in dealing with the intruder/plaintiff" harmed Prochaska by causing "severe and permanent injuries, severe and relentless pain" and medical expenses, loss of earning ability and diminished quality of life.

In his response to the suit, Rainiero, a surgeon in Dean Health System, denies any negligence or using excessive force. Rainiero maintains that he was exercising his right to defend himself and his family.

He also asked that the suit be tried in front of a jury in Rock County, where the incident happened and all the involved parties live, rather than in Milwaukee County, where the suit was filed.

Accused Burglar Sues Homeowner Who Shot Him

DA Believed Rainiero Acted In Self-Defense

An accused burglar who fell through the roof of a Janesville home and was shot is now suing the homeowner who shot him.

Kurt Prochaska was arrested last October and charged with burglary, WISC-TV reported.

The homeowner, Michael Rainiero, said he shot Prochaska after he refused to leave the house.

Prochaska's lawsuit claimed Rainiero used excessive force and that he intentionally shot him in the back, trying to sever his spinal cord.

The Rock County district attorney believed Rainiero acted in self-defense and never pursued charges against him.

Labels: intruder, WI

La Crosse man reports attempted robbery

A masked man dressed in black burst through the door moments after the apartment’s tenant thought he locked it late Friday night.

“Give me your ... system and your money,” the intruder yelled before jumping the 18-year-old tenant, who wrestled free enough to grab a shotgun from under a bed. The intruder knocked out a screen door as he fled across a patio.

That’s the story the Hengel Court tenant told La Crosse police early Saturday morning. He and an 18-year-old Galesville man had just entered the apartment when it happened, he said.

The tenant was considering selling his stereo system to the Galesville man, and that’s why he brought him over, the tenant said. He also said nobody knows about his stereo system and his guest did not help him during the attack.

The Galesville man, however, said he did try to help and was hit in the face by the intruder. He also said he was there to hang out with the tenant, not because of the stereo.

Police have some evidence the tenant said he tore off the intruder during the fight and some that was dropped.

Labels: home invasion, residence robbery, WI

City man stops truck burglary in progress

Having his truck broken into three times in the past month was too much for Brian Sidie.

So when Sidie saw someone in the cab of his pickup about 11 p.m. Monday, he took action.

While getting a drink in his kitchen that night, Sidie glanced outside to see a young man walking down the street.

He turned away, thinking it was a neighbor, but took one more look before going back to bed. This time, the young man was in his pickup.

Sidie grabbed his rifle and headed outside. "I came around the front of my truck and slapped my hand on the hood. He just shot up and looked at me," Sidie said. "I told him, ‘You aren't going anywhere.'"

Careful never to point the gun at the young man, Sidie pushed the pickup door closed and refused to let the man go.

Sidie's wife called La Crosse police, who said they arrived to find Daryl A. Sumlar, 17, inside the truck.

Sidie said he has lost more than $500 worth of property in the previous thefts. In this case, the intruder caused $200 in damage to Sidie's stereo system, police said.

Sumlar, of Sparta, Wis., was charged Tuesday with entry to a locked vehicle, criminal damage to property and disorderly conduct, all misdemeanors.

Labels: minor offender, street property theft, WI

STRATFORD - A Stratford teen faces several counts of burglary and theft after authorities say he was caught early Tuesday breaking into a garage by the owner, who then managed to handcuff him with plastic strips until a deputy arrived.

The boy, 17-year-old Brice C. Weigel, was booked into the Marathon County Jail at about 5 a.m. by the Sheriff's Department after dispatchers received a call about the interrupted burglary in Stratford. The caller told dispatchers her husband was holding the burglar at gunpoint, and that he then managed to handcuff the burglar with plastic strips, the Sheriff's Department said.

Labels: residence burglary, WI

Milwaukee - A robbery victim turns the tables and shoots two of his attackers early this morning at 39th and St. Paul.

One of the would-be robbers, a 22-year-old man, is dead tonight while the other, a 27-year-old man, is in critical condition. Both are from Milwaukee.

Labels: street robbery, WI

Would-Be Robbery Victim Not Charged For Shooting Man

A man visiting from Arkansas will not face any criminal charges for killing a Racine man in self-defense.

The 64-year-old has been released from jail.

Police said a group of young people tried to rob the man at a gas station on 12th and North Sunday morning.

They began beating the man with his cane, police said. That's when the Arkansas man grabbed his gun and shot 20-year-old Kendall Moss.

Labels: assault, street robbery, WI

Clerk Shoots Knife-Wielding Robber

Neighbors of Ayesh Food Market on Hampton Avenue and 19th Place say nearly everyone in the area knows and likes the owner, and police say even a man who came in to rob the store knew him.

"He was armed with a four inch steak knife," said Lt. Steven Spingola of the Milwaukee Police Department. "He originally confronted the owner of the store, who was standing in an aisle, and demanded money."

When a 23-year-old cashier saw the owner in trouble, police say he grabbed the store's revolver and jumped out from behind the counter. That's when police say the suspect started chasing the cashier.

"He was pursued up the aisle by the suspect, and he was cornered near the meat counter at the south end of the store. He then fired his weapon in self-defense," said Lt. Spingola.

While one bullet went through the glass, police say three bullets went into the suspect, killing him. Officers say the store's gun is a legally owned weapon.

"It's completely legal. It's their right to do that. The police can't be everywhere at one time," said Lt. Spingola.

Regular customers were glad to hear no one else was hurt, especially the owners.

"These are good guys. They treat you right," said Henry Blount.

"The owner was in the far aisle shielding a customer from the suspect," said Lt. Spingola.

Police say the suspect appeared to be in his 30s.

Police say they don't expect any charges to be filed in this case.

Labels: business robbery, WI

Clerk chased off attacker after robbery, police say

Man says he was struck over the head with a bottle

A store clerk who was hit over the head with a bottle and robbed Tuesday pulled a handgun from behind the register and chased off his attacker, Milwaukee police said.

At 4:50 p.m., the robber struck the 41-year-old clerk at Star Food, in the 2500 block of W. Grant St., with a bottle, briefly knocking him unconscious, said Sgt. Ken Harris, police spokesman.

According to Harris, the robber stole money from the cash register and grabbed the victim's car keys. As the robber went to get into the car, the clerk grabbed a gun, ran outside and confronted his attacker, who then ran. The gun was legal to have behind the business counter, Harris said.

(More)

Labels: assault, business robbery, WI

Man acquitted in shotgun killing on street

A Milwaukee County jury on Friday acquitted Rudolph Spears of all homicide charges he faced for killing a man with a shotgun last year.

Spears, 27, had testified he didn't know Randy Scott, 23, and wasn't armed when Scott ran toward him on the evening of Aug. 14, 2003. Spears pulled the shotgun out of his car and fired on Scott in the 1300 block of N. 37th Place. A medical examiner found Scott had been hit three times, including once in the head.

At trial, Spears and a neighbor of Scott's described him as a neighborhood ruffian known for firing guns and menacing people with a 3-foot pipe. Spears said prior encounters with Scott led him to buy the shotgun for protection.

Jurors found Spears not guilty of first-degree intentional homicide and of all three lesser charges Circuit Judge Elsa Lamelas had ordered them to consider: second-degree intentional homicide, and first- and second-degree reckless homicide.

Labels: assault, WI

Intruder killed, woman wounded in break-in

A Milwaukee man shot and killed an armed man - wounding his own girlfriend in the process - after three men broke into an apartment early Sunday, police said.

The man, who lives in the 4000 block of N. 46th St., and the girlfriend were in the apartment just after 1:30 a.m. when three armed men entered in a robbery attempt, police Capt. Susan Edman said.

Edman provided this account:

The resident left through a window after shooting one would-be robber, a 25-year-old Milwaukee man. The other two intruders fled.

The girlfriend remained in the apartment after the shooting. Authorities later discovered she had a gunshot wound to her thigh. Her condition was unavailable.

A short time later, police arrested two suspects after a police chase that ended in a vehicle crash in the 4200 block of N. 24th Place.

The man who shot the intruder has been interviewed by police, Edman said, and the case will be turned over to the district attorney's office for review.

Labels: home invasion, residence burglary, residence robbery, WI