Home intrusion in Swan Lake...

[izmophonik]

Okay folks I'm hoping for some legal input here on my most recent event in our area.  Here's the breakdown.
1. Man breaks into my house while I'm at work.  My wife and 4 kids are home.
2. Wife locks everyone into the bathroom while she calls the police.
3. Intruder throws things around, breaks things and causing and all around mess.
4. Police arrive and arrest the intruder still in the home.
5. I get home.  Wife is insanely upset...beyond..whatever.
6. Police tell me over and over this is a criminal felony since he broke into a home while the home owner was there.  I say great...he's lucky he's alive.
7. Fast forward to today.  Neighbors tell us they saw him at DFest and Quick Trip at 11th and Utica.  
8.  We call the detective.  he states he was only charged with a misdemeanor.  He's out of jail after 2 days on bond.

Question:  Is there anything we can do.  Is this guy pretty much free to go?  He has a court date but we're expecting him to get some easy probation.  If intent decides felony or not...how is intent decided?

[midtownnewbie]

WOW!  So sorry to hear about that but I'm glad your family is ok!  I can't offer any legal advice but I'm interested to know how he got in?  Was the door unlocked?

[izmophonik]

No. The deadbolt was in place..he just pushed it in.  The door frame is always the first to go.  She saw him trying to push it in and when it looked like he wasn't going to give up she rounded everyone up in the bathroom.  She can't load my gun..it's a 35 year old .44 revolver passed down from my grandfather.  She was just hoping he didn't want to say hi to anyone.  Also, I omitted from my original post that the intruder was on some extremely serious drugs..

[izmophonik]

His story to the police was that he thought it was his house at 720 North Utica.  Our house has a "7" in the address so that apparently was enough for him.  You'd think he'd wonder why the door was locked.

[Conan71]

quote:Originally posted by izmophonik

Okay folks I'm hoping for some legal input here on my most recent event in our area.  Here's the breakdown.
1. Man breaks into my house while I'm at work.  My wife and 4 kids are home.
2. Wife locks everyone into the bathroom while she calls the police.
3. Intruder throws things around, breaks things and causing and all around mess.
4. Police arrive and arrest the intruder still in the home.
5. I get home.  Wife is insanely upset...beyond..whatever.
6. Police tell me over and over this is a criminal felony since he broke into a home while the home owner was there.  I say great...he's lucky he's alive.
7. Fast forward to today.  Neighbors tell us they saw him at DFest and Quick Trip at 11th and Utica.  
8.  We call the detective.  he states he was only charged with a misdemeanor.  He's out of jail after 2 days on bond.

Question:  Is there anything we can do.  Is this guy pretty much free to go?  He has a court date but we're expecting him to get some easy probation.  If intent decides felony or not...how is intent decided?

First thing you need to do is call the Tulsa County D.A.'s office instead of relying on accounts from your neighbors and the detective.  Get the facts.  Police don't file charges, prosecutors do.

The police don't charge anyone with a crime, so an officer telling you something is a felony doesn't make it so.  All they do is hand over their investigation with recommendations to the prosecutor's office.  Ultimately, the DA's office decides what laws are applicable, which aren't, and therefore what charges to file against the suspect.  Several other things could have been examined, like prior record, whether a weapon was involved, etc.

If home invasion is not an out-and-out felony (sorry I don't have time to research it this afternoon) please do everyone else a favor and write a letter to your state representative and state senator and tell them exactly what happened.

Secondly, I don't know that I'd advocate keeping a loaded weapon in a house with four small children, but your wife would have been within her rights to have protected her and your kids by shooting the intruder and then you would not be going through the humiliation of learning that the criminal justice system frequently favors the criminal.

[Conan71]

quote:Originally posted by izmophonik

His story to the police was that he thought it was his house at 720 North Utica.  Our house has a "7" in the address so that apparently was enough for him.  You'd think he'd wonder why the door was locked.

I think I remember hearing about this case, how long has it been?

[izmophonik]

I'm trying to get down to the bottom of it.  I guess what I should have said is that the detective stated he was ultimately charged with a misdemeanor.  I don't know if he means that was the D.A.'s charge or what.  

Secondly, I wish I could keep a loaded gun in the house but it never is.  I was stating that the gun isn't loaded and that the wife would have a hard time getting it loaded properly.

Lastly, the crime happened on July 25th I think.

[Renaissance]

In Oklahoma, breaking and entering by bursting through a locked door with the intent to commit a crime is burglary in the first degree.  Burglary in the first degree is a felony punishable by 7 to 20 years in prison.  

Okla. Stat. tit. 21, § 1431.

[izmophonik]

quote:Originally posted by Floyd

In Oklahoma, breaking and entering by bursting through a locked door with the intent to commit a crime is burglary in the first degree.  Burglary in the first degree is a felony punishable by 7 to 20 years in prison.  

Okla. Stat. tit. 21, § 1431.

Thank you.  I think the possible issue here is whether or not he intended to commit any crime.  He told police he was just hungry.  In fact when he was arrested he was in my kitchen eating what would have been dinner for our family.  The door WAS locked though.

[Renaissance]

Well in that case -

In Oklahoma, breaking and entering WITHOUT the intent to commit a crime is a misdemeanor.

Okla. Stat. tit. 21, § 1438(B).

[BierGarten]

Actually, since all the statute says is "with intent to commit a crime", then he has already admitted that he was entering with intent to commit a crime.  He said he went in because he was hungry and then he actually commited the crime of theft by eating your food.

Felony.

[izmophonik]

quote:Originally posted by Floyd

Well in that case -

In Oklahoma, breaking and entering WITHOUT the intent to commit a crime is a misdemeanor.

Okla. Stat. tit. 21, § 1438(B).

Okay, that said and done.  
1. Who determines intent?  
2. If a man is high on drugs how can intent be determined other than obvious signs (i.e. gun or knife)?  
3. What if he wanted sex and decided that it was easier to get a bowl of hamburger helper instead of breaking the bathroom door down to satisfy the munchies?

The whole "intent" thing seems to be a huge grey area.  The bottom line is I want him prosecuted as a criminal felon and it doesn't appear at the moment that approach is possible due to lack of intent.

[izmophonik]

Regardless of the outcome of this issue: Everyone living in the Maple Park, Maple Ridge, Swan Lake, Tracy Park, NOCHE should be watching out for this man.  He is in his 20's.  He's a thin black man with a long and puffy afro.  He is always spotted carrying a acoustic guitar wherever he goes.  He claims to live in a house but is spotted frequently in neiborhoods and at the Quick Trip at 11th and Utica.

[Rico]

quote:Originally posted by izmophonik

Regardless of the outcome of this issue: Everyone living in the Maple Park, Maple Ridge, Swan Lake, Tracy Park, NOCHE should be watching out for this man.  He is in his 20's.  He's a thin black man with a long and puffy afro.  He is always spotted carrying a acoustic guitar wherever he goes.  He claims to live in a house but is spotted frequently in neiborhoods and at the Quick Trip at 11th and Utica.

Teach your wife how to use a firearm....

[Conan71]

quote:Originally posted by izmophonik

Regardless of the outcome of this issue: Everyone living in the Maple Park, Maple Ridge, Swan Lake, Tracy Park, NOCHE should be watching out for this man.  He is in his 20's.  He's a thin black man with a long and puffy afro.  He is always spotted carrying a acoustic guitar wherever he goes.  He claims to live in a house but is spotted frequently in neiborhoods and at the Quick Trip at 11th and Utica.

If you want a better explaination, call the DA's office.  You are pretty much going to get armchair speculation from us on here, even the attorneys, as none seem to practice criminal law.

The DA is responsible for prosecuting him.  I'm guessing with all the cases which clear their office, they don't have the staffing to contact you and let you know the disposition.  I would think you'd at least get a letter explaining the disposition.

This "intent" thing is disturbing.  I'll just invade someone's home, claim I thought it was mine, so there is no intent.  Holy ****!

Two opportunities to correct this:

1) Write your legislators as previously suggested.  I think home invasion, regardless of circumstance should be a felony.

2) Let's try and draft a better opponent to Tim Harris in a couple of years.  Woman, locked door, four kids, intruder on drugs, and it is a misdemeanor?  Goes w/o saying, that could have ended very tragically.  Part of prosecution is punishment, another part is deterrent to other potential criminals.  What message does this send as a deterrent?