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.
Amen, Bro! Even though I have rifles and pistols, my bedside buddy is my .410 "snake charmer" loaded with 3" shells with #2 shot. I don't plan to scare or wound them...I plan to kill them with a single shot to center chest. It's awful hard for medical staff to stitch up hamburger meat.
Especially if he emptied the magazine and all the bullets entered the back of the perp.
You better expand on that....If for, gawd sake, you have to shoot someone and they don't have a gun, have throw away/sell all your kitchen knives that DONT match and go to some obscure garage sale and pick up an old nasty knife (big and rusty) as a drop knife. Bottom line is make damn sure that the knife you place to protect your livelihood from law suits does not match anything (even close) in your home.
A sharpened old screwdriver works great also ;)
Would never happen in Texas.
I agree with you. 00 Buck is only if the perp is behind a car door ;p. I have done ballistics test and for the HOME, #4 buck shot is the penultimate soft kill round. If the perp is wearing LIGHT body armor or is in VERY VERY heavy winter wool and leather multiple-layered clothing, 00 Buck shot MIGHT be appropriate. As you do, I have x4 rounds of #4 buck, and x2 rounds of #0 buck....x3 00 and x3 slug are in the side saddle.
"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."
True and FALSE. A shotgun is the best mankiller under 50 yards, bar none with the appropriate ammunition, however, comma, NEVER, NEVER, NEVER EVER jack a shell into the pipe when you think you have an intruder. Jacking a shell into the slide under duress or in the dark can 1) jam your firearm or misload/eject it and 2) let the enemy know where you are. The first sound an intruder should here is BANG (after you have identified it as non-family/friend/ or drunk/retarded neighbor)!
Actually, that fact might land you in prison.
That's kinda hard to do too. I'm not even sure how I'd quietly load a pump-action shotgun even if I put a shell directly into the pipe so I'd only have to move the action in one direction. Which explains the .357 revolver in my night stand.
Why is this lawsuit even being allowed by the judge? Toss it out. With prejudice. If not, impeach the judge.
It won't be silent, but loading a shotgun also doesn't need to be done shuck-SHUCK in Hollywood-style drama. Your .357 Magnum revolver is similarly a great choice for home protection.
~ Blue Jays ~
That's the same conclusion I had.
This is type of BS is old news.
He is a jailhouse lawyer. Their should be explicit immunity and a prohibition of attorney fees for the convicted.
I love that sound - definitely in my Top Ten Sounds.
"Which explains the .357 revolver in my night stand."
Thats what I have too. 357 S&W with hollow points. I really don't plan on there being any survivors if someone breaks into my house while I am there. Between the gun and the dogs, it should be enough.
Exactly. My daddy always told me to "never leave 'em breathing" if an intruder were to think about attempting to force himself into our home.
Booby traps like spring guns are specifically illegal in Wisconsin.
It is an entirely different circumstance.
Even in Milwaukee county, this guy will get laughed out of court.
You can be sued in any state. And what you say to the cops will be available to the perp's attorney in any state. So, the wisest course is to insure your attorney helps you in terms of what you say.
Reminds me of "Heartbreak Ridge": "That is the sound of the AK-47 assault rifle, the preferred weapon of the enemy. It makes a distinctive sound when fired."
This says all of us need to review our homeowners' insurance policies carefully...
Excellent suggestion. For those with insurance policies that don't cover self-defense shootings, the NRA Endorsed Insurance Programs offer Self-Defense Coverage and Excess Personal Liability.
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