Drizzt
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Owner shoots intruder
(Published Tuesday, November 1, 2005 10:49:52 AM CDT)
By Sid Schwartz
Gazette Staff
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.
Davis said police are trained "in a nutshell" that they can use deadly force when they are protecting themselves or someone else from imminent danger of death or great bodily harm.
When asked if Rainiero was in imminent danger of death or great bodily harm, Davis replied that the case remains under investigation.
He also declined to comment on whether Prochaska displayed any threatening behavior before Rainiero pulled the trigger.
Police reports list Rainiero as the victim and Prochaska as the suspect.
Court records indicate Prochaska carries a long criminal record that includes burglary, theft, criminal damage to property and battery convictions. Since 1997, he has been sentenced to stints of probation, prison and jail.
According to court and Gazette records:
-- Prochaska was convicted of felony criminal damage to property in December 2003. The conviction stemmed from his arrest for an attempted burglary at Cork & Bottle liquor store, 2807 W. Court St., Janesville, in October 2003.
The judge in that case revoked Prochaska's probation imposed for a 1997 burglary and theft.
-- Prochaska was convicted of misdemeanor battery in December 2000.
-- Prochaska was convicted of felony escape in 1998.
In one case, Prochaska was arrested for stealing supplies from a hospital, where he was being treated for injuries sustained in a burglary for which he was convicted.
More recently, Prochaska was convicted of misdemeanor theft in Rock County Court on Feb. 14, 2005.
Police have arrested him at least twice for drunken driving. In one of those incidents, he was also charged with carrying a concealed weapon, a knife.
The Janesville Gazette was not able to reach Rainiero for a comment this morning.
The Dean Health System Web site lists Rainiero as a surgeon who joined Dean in 1994. He practices at Dean's clinics in Edgerton and at Riverview in Janesville, as well as Mercy Hospital.
A Beloit homeowner who shot a young man outside his front door was charged in 1987.
Rodney Yttrie of Beloit was convicted of misdemeanor reckless use of a weapon for shooting 16-year-old Christopher Gammons. Yttrie fired the shots through his closed front door while Gammons was pounding on it from the other side.
Yttrie said he shot in self-defense.
While Yttrie was not convicted of a felony in that case, it set off a storm of lawsuits from at least three parties. Yttrie eventually settled out of court with Gammons, agreeing to pay him $7,500, according to media reports at the time.
http://www.gazetteextra.com/rainiero110105.asp
(Published Tuesday, November 1, 2005 10:49:52 AM CDT)
By Sid Schwartz
Gazette Staff
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.
Davis said police are trained "in a nutshell" that they can use deadly force when they are protecting themselves or someone else from imminent danger of death or great bodily harm.
When asked if Rainiero was in imminent danger of death or great bodily harm, Davis replied that the case remains under investigation.
He also declined to comment on whether Prochaska displayed any threatening behavior before Rainiero pulled the trigger.
Police reports list Rainiero as the victim and Prochaska as the suspect.
Court records indicate Prochaska carries a long criminal record that includes burglary, theft, criminal damage to property and battery convictions. Since 1997, he has been sentenced to stints of probation, prison and jail.
According to court and Gazette records:
-- Prochaska was convicted of felony criminal damage to property in December 2003. The conviction stemmed from his arrest for an attempted burglary at Cork & Bottle liquor store, 2807 W. Court St., Janesville, in October 2003.
The judge in that case revoked Prochaska's probation imposed for a 1997 burglary and theft.
-- Prochaska was convicted of misdemeanor battery in December 2000.
-- Prochaska was convicted of felony escape in 1998.
In one case, Prochaska was arrested for stealing supplies from a hospital, where he was being treated for injuries sustained in a burglary for which he was convicted.
More recently, Prochaska was convicted of misdemeanor theft in Rock County Court on Feb. 14, 2005.
Police have arrested him at least twice for drunken driving. In one of those incidents, he was also charged with carrying a concealed weapon, a knife.
The Janesville Gazette was not able to reach Rainiero for a comment this morning.
The Dean Health System Web site lists Rainiero as a surgeon who joined Dean in 1994. He practices at Dean's clinics in Edgerton and at Riverview in Janesville, as well as Mercy Hospital.
A Beloit homeowner who shot a young man outside his front door was charged in 1987.
Rodney Yttrie of Beloit was convicted of misdemeanor reckless use of a weapon for shooting 16-year-old Christopher Gammons. Yttrie fired the shots through his closed front door while Gammons was pounding on it from the other side.
Yttrie said he shot in self-defense.
While Yttrie was not convicted of a felony in that case, it set off a storm of lawsuits from at least three parties. Yttrie eventually settled out of court with Gammons, agreeing to pay him $7,500, according to media reports at the time.
http://www.gazetteextra.com/rainiero110105.asp
And now the homeowner has to go through a bunch of legal mumbo-jumbo to straighten things out.:banghead: Sometimes things just do not seem fair. Makes me wish that the gun was a larger caliber so that the intruder would not have the chance to make his rap sheet even longer.
