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Accused Burglar Sues Homeowner Who Shot Him
The Milwaukee Journal ^ | 10/01/06

Posted on 10/01/2006 9:28:04 PM PDT by baldeagle390

MILWAUKEE -- A Janesville man who admitted breaking into a home is suing the homeowner who shot him.

Kurt Prochaska, 39, was on probation last fall when he admitted he broke in to a home and was shot by the homeowner, but that's not stopping him from going after cash through the courts.

Late last year, the Rainiero family awoke to find Prochaska in their home. Michael Rainiero, a doctor, ordered Prochaska to leave. He didn't and was shot in the back.

Nearly a year later, Rainiero's attorney said it's far from over because Prochaska is suing him from beind bars, saying the doctor didn't need to shoot him.

"What the doctor wants is this whole ordeal to be ended and done with," Rainiero's attorney said.

The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn't specify a damage amount.

Rainiero claims he shot Prochaska in self-defense.

"The doctor was asleep in his bed when an intruder came into his home and put his life, his wife's life, and his two kids' lives in jeopardy," Rainiero's lawyer said.

The lawyer added that Rainiero showed restraint, not excessive force, in dealing with Prochaska. Although, he had an entire magazine of bullets, Rainiero fired only once.

The Rock County district attorney agreed, long ago ruling the shooting was justified. Still, Prochaska is able to move ahead with the suit.

"Judges like to give everyone their day in court. No matter how absurd it might seem, this gentleman has a right to have a day in court. And so, my job is to make sure that that day in court is a very short day in court," Rainiero's attorney told 12 News reporter Nick Bohr.

A hearing on the suit is set for next month. Prochaska's attorney did not wish to comment on the case.

If the case is thrown out, Prochaska can be forced to pay up to $500 of the legal expenses.


TOPICS: Crime/Corruption; US: Wisconsin
KEYWORDS: 2manylawyers; banglist; crime; criminal; disgusting; firemoreshotsdoc; lawsuits; milwaukee; rkba; tortreformnow; waaahhh
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1 posted on 10/01/2006 9:28:05 PM PDT by baldeagle390
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To: DaveLoneRanger

Odd turn of events.


2 posted on 10/01/2006 9:29:11 PM PDT by xrp (Fox News Channel: MISSING WHITE GIRL NETWORK)
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To: baldeagle390

I just learned a lesson. Empty the clip.


3 posted on 10/01/2006 9:30:15 PM PDT by blam
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To: baldeagle390

It's a good thing that Florida's new castle doctrine law expressly forbids those kinds of suits. Looks like Wisconsin has some cutting and pasting to do. Then a veto to override, a bill to refile, another attempt ...


4 posted on 10/01/2006 9:33:21 PM PDT by NonValueAdded (Treaty Fetishism: "[The] belief that a piece of paper will alter the behavior of thugs." R. Lowry.)
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To: baldeagle390

Not surprising.When you consider that the left thinks terrorists should have more rights than we, as citizens, do, who is surprised when they think that criminals should have more rights than victims? It's the propaganda of good=evil and evil=good. Sad state of affairs in the greatest nation on God's green earth.


5 posted on 10/01/2006 9:33:45 PM PDT by originalbuckeye
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To: baldeagle390

The unfortunate thing is that the homeowner didn't kill this perp. There have been similar cases and the bad guy usually wins because he is disabled for life and cannot work because of the homeowner's actions.


6 posted on 10/01/2006 9:33:47 PM PDT by NY Attitude (You are responsible for your safety until the arrival of Law Enforcement Officers!)
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To: blam

magazine, not a clip


7 posted on 10/01/2006 9:34:15 PM PDT by xrp (Fox News Channel: MISSING WHITE GIRL NETWORK)
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To: Joe Brower

ping


8 posted on 10/01/2006 9:35:09 PM PDT by stainlessbanner
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To: blam

The criminal shouldn't be able to sue to begin with, but yes, if your life is in danger, don't go for a single shot. If this convict had a gun, he wouldn't have hesitated.


9 posted on 10/01/2006 9:35:21 PM PDT by kingu (No, I don't use sarcasm tags - it confuses people.)
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To: blam

And never, ever call the police afterward.


10 posted on 10/01/2006 9:35:21 PM PDT by LibWhacker
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To: blam

And put a knife in his hand....


11 posted on 10/01/2006 9:35:30 PM PDT by Walkingfeather (u)
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To: blam
If this case isn't thrown out of court the minute the judge calls for order in the court, then something is really screwed with our justice system.

All IMHO, of course.

12 posted on 10/01/2006 9:36:05 PM PDT by basil (Exercise your Second Amendment rights--buy another gun today.)
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To: xrp

Not really. If the perp was killed, it's likely his family would file civil suit. You know, for loss of income, loss of consortium, the usual.


13 posted on 10/01/2006 9:37:54 PM PDT by Disambiguator (If the Democrats were a stock, I would short them.)
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To: baldeagle390
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity. The suit doesn't specify a damage amount.

Wrong! The perp is alive! Three shots center of mass and do not use full metal jacket. Might I suggest the fine line if ammunition from Corbon. They make very good stuff.

14 posted on 10/01/2006 9:38:00 PM PDT by cpdiii (Socialism is popular with the ruling class. It gives legitimacy to tyranny and despotism.)
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To: baldeagle390
The Milwaukee County suit claims Rainiero used excessive force to deal with the intruding plaintiff and alleges severe and permanent injuries, relentless pain, and loss of earning capacity.


15 posted on 10/01/2006 9:38:42 PM PDT by martin_fierro (< |:)~)
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To: Neil E. Wright

Ping


16 posted on 10/01/2006 9:39:52 PM PDT by trussell (Work for God...the retirement benefits are eternal!)
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To: xrp

"magazine, not a clip"

Obviously a man that knows what a Garand is!


17 posted on 10/01/2006 9:40:21 PM PDT by cpdiii (Socialism is popular with the ruling class. It gives legitimacy to tyranny and despotism.)
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To: blam

Dead perps can't sue!


18 posted on 10/01/2006 9:43:10 PM PDT by thoughtomator (Islam delenda est)
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To: baldeagle390
If the case is thrown out, Prochaska can be forced to pay up to $500 of the legal expenses

Pretty good incentive to try a suit if you're inside. Is the defendant's liability also $500 ? Bet it's not. Like all the apochryphal stories say, shoot to kill.

19 posted on 10/01/2006 9:45:16 PM PDT by 1066AD
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To: kingu

Why can't you counter sue the perp for the mental anguish, loss of consortium (say if the wife doesn't feel safe to have sex in the house), etc that his crime caused.

I do find it funny that he is also claiming loss of future earnings. I imagine the cross examination: "and how many robberies per night did you plan to commit, and what was the average take?"


20 posted on 10/01/2006 9:46:41 PM PDT by exblockhead (HR Block, where customer service means rip off the customer)
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To: Diana in Wisconsin

Ping!!!


21 posted on 10/01/2006 9:47:12 PM PDT by Thunder90
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To: baldeagle390

I worked with a guy some years ago, who caught a burglar in his house at 3 am. He worked him over, after being assaulted with a 2 x 4 and then called the cops. The perp sued and was given $30,000 by my coworker's home owner's insurance company which then dropped him. They figured it would be chaper to pay the scum off than go in front of a civil jury.


22 posted on 10/01/2006 9:53:27 PM PDT by Eagles6 (Dig deeper, more ammo.)
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To: baldeagle390
. . .alleges severe and permanent injuries, relentless pain, and loss of earning capacity. Ya want some cheese with that whine? And hang on a second, I'm gonna call a wah-bulance. What is this country coming to?
23 posted on 10/01/2006 10:00:12 PM PDT by macmedic892 (I am serious. And don't call me Shirley.)
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To: blam

"I just learned a lesson. Empty the clip."

Exactly the same lesson the MSM have taught out military. Don't bring back captured, leave corpses.


24 posted on 10/01/2006 10:03:54 PM PDT by Rembrandt (We would have won Viet Nam w/o Dim interference.)
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To: baldeagle390
"Although, he had an entire magazine of bullets"

Tough to shoot someone with just bullets.

25 posted on 10/01/2006 10:07:09 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: blam
I just learned a lesson. Empty the clip.

Was he holding an M1?

26 posted on 10/01/2006 10:07:59 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: basil

We don't have a "justice" system, we have a legal system. And yes, it is screwed!


27 posted on 10/01/2006 10:10:19 PM PDT by Just A Nobody (NEVER AGAIN...Support our Troops! www.irey.com and www.vets4irey.com - Now more than Ever!)
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To: baldeagle390

This is why you use a shotgun and shoot to kill if someone breaks into your house.


28 posted on 10/01/2006 10:13:17 PM PDT by CMS (Back at Fort Campbell!! IF YOU CAN'T STAND BEHIND OUR TROOPS, THEN PLEASE STAND IN FRONT OF THEM)
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To: baldeagle390

Kurt E. Prochaska, a Janesville man tore an exhaust fan off the roof of Dr Michael Rainiero's home.


"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 [Lt. Danny Davis, head of Janesville police detectives.] 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.


Wisconsin law doesn't allow people to use deadly force to defend property, and offers Dr Rainiero no protection from a civil lawsuit.



A man, Dr. Michael Rainiero, with his wife and three daughters in the house, hears a crashing sound in his home in the middle of the night and goes to investigate and finds a man, Kurt Prochaska, in the hall of his home. He yells several times to “get out.” He was loud enough that neighbors hear him yelling at the slug to get out of his home. The slug refuses to leave and just stands there.

The home owner goes back into his bedroom to get his gun and comes back into the hall, where he continued to yell at the burglar to get out as he unlocked and loaded his gun, the man still refused to leave, and fearing that the man would get into the dark and become more dangerous, he fired one shot at the man. The bullet hit the scum and did damage to his spinal cord.


Within three days, this thug’s wife, Julie Prochaska (who is obviously a real winner herself), told police that the doctor had no right to shoot her husband, and they were going to sue the homeowner. Yesterday, they filed suit against Dr. Rainiero in Milwaukee, not in Rock County where this happened. He is obviously hoping that he can get a more sympathetic jury in Milwaukee (wonder why he didn’t use Dane County?).

Rock County District Attorney, David O’Leary refused to file charges “because the doctor had acted in self-defense.”


http://tinyurl.com/s5bmd


29 posted on 10/01/2006 10:16:06 PM PDT by kcvl
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To: baldeagle390

30 posted on 10/01/2006 10:17:26 PM PDT by kcvl
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To: CMS
This is why you use a shotgun and shoot to kill if someone breaks into your house.

I was at the range today, and saw for the first time ever the size of hole that a shotgun slug leaves in a sheet of paper. Most impressive. I've got an 870 full of 00 buck, but I might have to put a couple of slugs in the bottom of the magazine.

-ccm

31 posted on 10/01/2006 10:17:42 PM PDT by ccmay (Too much Law; not enough Order)
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To: CMS

A shotgun is an excellent home defense weapon. You can usually get a perps attention with the sound of a slide jacking a shell into the pipe.


32 posted on 10/01/2006 10:20:07 PM PDT by NY Attitude (You are responsible for your safety until the arrival of Law Enforcement Officers!)
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To: xrp; blam
magazine, not a clip

Ditto that. The same goes for "...he had an entire magazine of bullets."

It's amazing that so few people havn't a clue. You would think that they would wionder about the pesky casing, primer and gunpowder.

"Where do they find these people?"

33 posted on 10/01/2006 10:23:41 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: baldeagle390

Quite often, the criminal or the criminal's family will try to sue the intended victime. It does seem that when the criminal fails, in the attempt to steal the victim's money by burlary/home invasion, they hire a shyster lawyer to steal the money using the court system.


34 posted on 10/01/2006 10:24:17 PM PDT by punster
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To: cpdiii; xrp
"magazine, not a clip"

Obviously a man that knows what a Garand is!

LOL. I said the same thing.

35 posted on 10/01/2006 10:27:30 PM PDT by Cobra64 (Why is the War on Terror being managed by the DEFENSE Department?)
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To: blam

Dead men tell not tales....in court.


36 posted on 10/01/2006 10:27:57 PM PDT by Doctor Raoul (New York Times? Get a rope!)
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To: baldeagle390
this gentleman POS has a right to have a day in court

There. Fixed the reporting

37 posted on 10/01/2006 10:31:39 PM PDT by paul51 (11 September 2001 - Never forget)
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To: blam
With a handle like yours you didn't know???


Blam, blam, blam, blam, blam, blam. Now is the time to reload in case there are anymore (got a 6 shooter .44).
38 posted on 10/01/2006 10:32:58 PM PDT by Issaquahking (Trust can't be bought)
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To: NY Attitude; CMS
Hi All-

"...You can usually get a perp's attention with the sound of a slide jacking a shell into the pipe..."


Racking the slide to "frighten" a criminal is an urban legend and is amateurish firearm handling. If one doesn't store the shotgun with a round already chambered, it should be quietly loaded without providing additional warning to the criminal. One can choose to "challenge" the criminal if desired, or they can wisely shoot them where they stand. A person who enters a home via the roof or window in the middle of the night isn't visiting to have tea and butterscotch krimpets.

Research on this topic will quickly show you that respected firearms experts universally recommend against the "Hollywood" technique of loudly racking the slide in the presence of the criminal.

~ Blue Jays ~

39 posted on 10/01/2006 10:38:00 PM PDT by Blue Jays (Rock Hard, Ride Free)
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To: kcvl
This is why you don't talk to the police (other than to provide routine booking information) until you have spoken to your lawyer.

You are going to be arrested if you shoot somebody, even if the guy is toting a machine gun. No matter what you say, you will be arrested. So, you tell the police that you intend to cooperate but won't discuss what happened until you've spoken to your attorney. Your attorney helps you craft a statement which satisfies the police/DA's needs but which doesn't give the perp's attorney anything to use against you.

40 posted on 10/01/2006 11:02:29 PM PDT by sailor4321
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To: baldeagle390
This is the usual course of events. First the police have to determine if the shooting was justified from a criminal perspective. If you get an "all clear", you still face round two. Round two is a civil suit by the person shot or surviving family members. A civil suit only takes a "preponderance of evidence". When you pull the trigger to defend your life, you can expect a minimum of $75,000 in legal expenses to follow. That's if everything goes your way.
41 posted on 10/01/2006 11:08:10 PM PDT by Myrddin
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To: sailor4321

That all depends on what state you reside in.


42 posted on 10/01/2006 11:17:28 PM PDT by eastforker (.308 SOCOM 16, hottest brand going.2350 FPS muzlim velocity)
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To: CMS
"This is why you use a shotgun and shoot to kill if someone breaks into your house."

Then his family sues for wrongful death and wants even more. We need tort reform. Any judge should throw this out and make the plaintiff pay for every penny of the defendants legals fees, no matter how much they cost.
43 posted on 10/01/2006 11:27:07 PM PDT by Gradient Vector
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To: originalbuckeye
"When you consider that the left thinks terrorists should have more rights than we, as citizens, do"

My thoughts are:

When you consider that the left Washington thinks terrorists should have more rights than we, as citizens, do

If the electorate was serious about it's own safety they wouldn't re-elect so many morally corrupt turds back into office.

Or at the very least hold them accountable.

44 posted on 10/01/2006 11:45:15 PM PDT by SERE_DOC ("People shouldn't fear the governments, governments should fear it's people!" "V")
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To: blam
I just learned a lesson. Empty the clip magazine.

You don't need a whole mag...just three rounds. Two to the chest....one to the head....We'd like 'em alive....but we'll take 'em DEAD!

45 posted on 10/01/2006 11:53:49 PM PDT by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: blam

Another lesson; IT AIN'T A FREEKIN' CLIP. It is a magazine. Only Sarah Brady's dog calls it a clip.


46 posted on 10/02/2006 2:37:44 AM PDT by dhuffman@awod.com (The conspiracy of ignorance masquerades as common sense.)
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To: punster
Alternate reality version: The victim wigs out from mental anguish, shoots and kills the shyster lawyer, the crook's sleazy wife, and finishes the job on the burglar. He is then tried and acquitted by reason of temporary insanity and his expenses are paid by the state victim compensation fund.
47 posted on 10/02/2006 2:56:43 AM PDT by Truth29
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To: Cobra64

Maybe he had a "broomhandle" mauser.


48 posted on 10/02/2006 3:08:14 AM PDT by ol' hoghead (***)
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To: NY Attitude
the bad guy usually wins because he is disabled for life and cannot work because of the homeowner's actions.

You mean - he cant break into any more houses?

There was a case like this in Britain, and the homeowner was CHARGED, and sentenced to longer in jail than the burglar whom he violently repulsed. It was judged to be an assault.

49 posted on 10/02/2006 3:10:18 AM PDT by BlackVeil
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To: ccmay
I've got an 870 full of 00 buck, but I might have to put a couple of slugs in the bottom of the magazine.

I wouldn't bother with the slugs, overpenetration issues, you might end up shooting a neigbor or family member, if you have any that is. I load the first 4 #4 then 2 OO. At inside the house ranges shot acts much like a slug anyways since it doesn't have time to expand, but it slows down when it starts hitting walls where a 1 oz slug will just blast through.

50 posted on 10/02/2006 3:10:38 AM PDT by Dosa26
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