Saturday, November 05, 2005

No Charges in Shooting of Intruder

JusticeDA: Doctor won't be charged in home-invasion shooting | The Janesville Gazette. I'm sort of surprised I didn't write about this on Monday, because on one level the story made me laugh.

Dr. Michael Rainiero shot an intruder who crashed through the ceiling of his living room. Kurt E. Prochaska had broken into the attic of the doctor's home and come crashing down through the ceiling. This woke up the family dog, who woke up the family. The doctor confronted Prochaska, but instead of leaving as directed, Prochaska went into the bathroom.
[Rainiero] went back to his bedroom and told his wife to call police. Rainiero retrieved a .380-caliber semiautomatic pistol from the closet, went to the master bathroom, removed the gun lock, loaded the weapon and then returned to the hallway.
Now by this time, most burglars are gone. In the first place only about 10% (a bit more) of burglaries in the US happen when someone is home, because burglars are usually afraid of meeting armed homeowners. (More like 50% in England where there is nothing to worry about.) Instead of leaving when told to do so by an armed homeowner, Prochaska turned to enter another section of the home. The doctor now believes his family - his children - are in danger. He shoots once.

Even though Rainiero essentially shot Prochaska in the back, District Attorney David O'Leary believes it was justified because he was protecting his family.
"In this case, despite repeated contact with the homeowner, this guy is still staying there," O'Leary said. "Now, Dr. Rainiero has to figure out why this guy is here. He's not just here to steal and get out.

"Is it reasonable to believe that his family is in danger? I would say, 'Yes, absolutely.'"
Hat's off to DA O'Leary for making the right decision in this case.

Prochaska hasn't been interviewed, read his rights or charged because he is "Too heavily sedated." Whatever his "reason" for breaking into the Rainieros' home, he has to be the singularly most inept burglar I have read about in some time.

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