Accused Burglar Sues Homeowner Who Shot Him

The Milwaukee Journal ^ | 10/01/06

[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.

[Myrddin]

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.

[eastforker]

That all depends on what state you reside in.

[Gradient Vector]

"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.

[SERE_DOC]

"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.

[ExSoldier]

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!

[dhuffman@awod.com]

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

[Truth29]

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.

[ol' hoghead]

Maybe he had a "broomhandle" mauser.

[BlackVeil]

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.

[Dosa26]

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.

[metesky]

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.

"Look at me when I'm talking to you!" Bang.

[ol' hoghead]

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON


§ 83.001. AFFIRMATIVE DEFENSE. It is an affirmative
defense to a civil action for damages for personal injury or death
that the defendant, at the time the cause of action arose, was
justified in using deadly force under Section 9.32, Penal Code,
against a person who at the time of the use of force was committing
an offense of unlawful entry in the habitation of the defendant.

Added by Acts 1995, 74th Leg., ch. 235, § 2, eff. Sept. 1, 1995.

Texas law.

ol' hoghead

[freepatriot32]

ping

[Wonder Warthog]

"Where do they find these people?"

In schools of journalism at every university--where they suck out any brains the students might have had on arrival, and fill the empty brain cavities with liberal BS.

[Redleg Duke]

Back in Wisconsin in the 60s or early 70s, a farmer had a continuing problem with break-ins at a second farmhouse on his farm. He set up a spring-gun and it got a convicted felon who was also an escapee, as I recall.

The felon sued and won! There is no justice in Wisconsin.

[libstripper]

This says all of us need to review our homeowners' insurance policies carefully. Many companies' policies only apply to accidental shootings, not intentional ones. In such cases homeowners have been known to ally themselves with the burglars, claiming the discharge was accidental, so they have insurance coverage. Other companies, like USAA, my insurer, cover intentional shootings in defense of life and property. I hope this homeowner has such a policy.

[LIConFem]

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

And after a few well-placed center mass shots, aim for the head.

[ko_kyi]

In essence, his lawyer is asking the jury to help create a world where it isn't so dangerous to break into an occupied house.

I prefer to live in a world where it is extremely dangerous to break into an occupied house.

[Jim Noble]

You can usually get a perps attention with the sound of a slide jacking a shell into the pipe.

Getting his attention is usually a bad idea.

There's a reason that you're in bed with a good woman and he's breaking into houses. That reason gives him a major advantage in a violent confrontation.

Your advantages are surprise and lethality.

Don't surrender your surprise because you think you're in a movie. If he hears you loading your shotgun, he has a chance to kill you before you can pull the trigger.

That's stupid.

[Texas Jack]

Not surprising.When you consider that the left John McCain 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.

There! Fixed that.