Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last
To: CMS
This is why you use a shotgun and shoot to kill if someone breaks into your house.

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. 

61 posted on 10/02/2006 5:17:54 AM PDT by DH (The government writes no bill that does not line the pockets of special interests.)
[ Post Reply | Private Reply | To 28 | View Replies]

To: Disambiguator
"Not really. If the perp was killed, it's likely his family would file civil suit."

Especially if he emptied the magazine and all the bullets entered the back of the perp.

62 posted on 10/02/2006 5:19:47 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 13 | View Replies]

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

In no way do I mean to sound sympathetic to the perp but if he dropped down thru a hole in the roof he very well may have not been able to leave.
Stuck between a high hole and hot lead.
63 posted on 10/02/2006 5:44:32 AM PDT by grjr21
[ Post Reply | Private Reply | To 29 | View Replies]

To: Walkingfeather
And put a knife in his hand....

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 ;)

64 posted on 10/02/2006 5:57:24 AM PDT by DCBryan1 ( Arm the Pilots. Arm the (willing) Teachers. Build the Wall. Export Illegals. Profile Muslims.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: baldeagle390

Would never happen in Texas.


65 posted on 10/02/2006 5:59:26 AM PDT by DaGman
[ Post Reply | Private Reply | To 1 | View Replies]

To: 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 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)!

66 posted on 10/02/2006 6:13:29 AM PDT by DCBryan1 ( Arm the Pilots. Arm the (willing) Teachers. Build the Wall. Export Illegals. Profile Muslims.)
[ Post Reply | Private Reply | To 50 | View Replies]

To: robertpaulsen
Especially if he emptied the magazine and all the bullets entered the back of the perp.

Actually, that fact might land you in prison.

67 posted on 10/02/2006 6:15:15 AM PDT by Disambiguator (If the Democrats were a stock, I would short them.)
[ Post Reply | Private Reply | To 62 | View Replies]

To: Blue Jays

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.


68 posted on 10/02/2006 6:31:28 AM PDT by Doohickey (I am not unappeasable. YOU are just too easily appeased.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: baldeagle390
INSIDE his house? Double tap center mass. One follow up to the head.

Why is this lawsuit even being allowed by the judge? Toss it out. With prejudice. If not, impeach the judge.

69 posted on 10/02/2006 6:37:43 AM PDT by Dead Corpse (Quam terribilis est haec hora)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Doohickey
Hi Doohickey-

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 ~

70 posted on 10/02/2006 6:47:34 AM PDT by Blue Jays (Rock Hard, Ride Free)
[ Post Reply | Private Reply | To 68 | View Replies]

To: 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."

Or victims wife goes to psychologist who certifies she has experienced a mental breakdown due to the actions of burglar, his wife, and his lawyer, and victim and wife counter sue all of the above for millions due to mental anguish, loss of earnings, etc. etc. etc. Simply including the perps lawyer in the suit might make the original lawsuit go away.
71 posted on 10/02/2006 6:54:45 AM PDT by monday
[ Post Reply | Private Reply | To 47 | View Replies]

To: blam
I just learned a lesson. Empty the clip.

That's the same conclusion I had.

72 posted on 10/02/2006 6:57:22 AM PDT by CheneyChick
[ Post Reply | Private Reply | To 3 | View Replies]

To: baldeagle390

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.


73 posted on 10/02/2006 6:59:45 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies]

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

I love that sound - definitely in my Top Ten Sounds.

74 posted on 10/02/2006 7:03:28 AM PDT by CheneyChick
[ Post Reply | Private Reply | To 32 | View Replies]

To: Doohickey

"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.


75 posted on 10/02/2006 7:06:42 AM PDT by monday
[ Post Reply | Private Reply | To 68 | View Replies]

To: blam

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.


76 posted on 10/02/2006 7:14:49 AM PDT by PleaseNoMore
[ Post Reply | Private Reply | To 3 | View Replies]

To: Redleg Duke

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.


77 posted on 10/02/2006 7:15:56 AM PDT by MediaMole (9/11 - We have already forgotten.)
[ Post Reply | Private Reply | To 55 | View Replies]

To: eastforker

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.


78 posted on 10/02/2006 7:26:07 AM PDT by sailor4321
[ Post Reply | Private Reply | To 42 | View Replies]

To: Blue Jays

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."


79 posted on 10/02/2006 7:42:41 AM PDT by Doohickey (I am not unappeasable. YOU are just too easily appeased.)
[ Post Reply | Private Reply | To 70 | View Replies]

To: libstripper

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.

80 posted on 10/02/2006 7:47:24 AM PDT by EdReform (Protect our 2nd Amendment Rights - Join the NRA today - www.nra.org)
[ Post Reply | Private Reply | To 56 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100101 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson