Harkrader
Member
So, should she plead "guilty"? Read the state definition of "disorderly conduct" I posted at the end. It speaks a lot about "intent" and being "engaged in."
[I am not a lawyer nor do I play one on this forum.]
The Freeman
Waukesha WI
November 26, 2014
New Charge Against Woman Who Allegedly Left Gun In Church
Waukesha – Prosecutors on Tuesday filed a new charge against a woman who allegedly left a loaded gun inside a bathroom at Elmbrook Church in Brookfield (WI) last March.
Susan Hitchler, 67, of Oconomowoc (WI) was charged then with endangering safety by use of a dangerous weapon after a criminal complaint alleged a loaded semiautomatic handgun was left in a woman's (SIC) bathroom at Elmbrook Church on March 19.
But the charge against Hitchler was dismissed when the defense argued that no one's safety was materially endangered in the incident.
In Tuesday, the state filed a new charge of disorderly conduct, punishable by a maximum fine of $1,000, 90 days in jail or both upon conviction.
According to the complaint, a church employee found the gun and came out of the restroom with it, asking a facility manager, "Is this real?" The Ruger .380 gun was loaded, had a round in the chamber and no safety switch, meaning anyone who may have found it and pulled the trigger would have discharged it.
At the time, an adult women's Bible study was going on, which allows women to bring their children with them; the bathroom was accessible to girls in the church at the time, the complaint said.
It added that Hitchler called the church looking for her firearm, believing she may have left it there. Hitchler told police she took the gun off clip on her waistband and set it down and forgot about it, the complaint said. About a half-hour later, she realized it was missing.
The complaint added Hitchler "was upset and indicted she could not believe she had done this."
Hitchler is due on court Dec. 8.
- Brian Huber, Freeman Staff
From a Wisconsin law website:
Elements of the charge of disorderly conduct under Wisconsin criminal laws:
Disorderly conduct is a Class B misdemeanor
DISORDERLY CONDUCT
Defendant engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct
The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance
Maximum penalty – 90 days jail and $1,000 fine
Note:
disorderly conduct is prohibited conduct for CCW in Wisconsin.
From the WI DOJ website:
"Prohibited Conduct For Anyone Possessing a Weapon
The CCW statutes do not, except where noted elsewhere, change any other existing laws governing the conduct of individuals and the use of weapons. For example, the following conduct is still prohibited:
Disorderly conduct. Where the facts and circumstances indicate a malicious or illegal intent a person may be prosecuted for loading, carrying, or going armed with a firearm. Wis. Stat. 947.01(1) and (2)"
[I am not a lawyer nor do I play one on this forum.]
The Freeman
Waukesha WI
November 26, 2014
New Charge Against Woman Who Allegedly Left Gun In Church
Waukesha – Prosecutors on Tuesday filed a new charge against a woman who allegedly left a loaded gun inside a bathroom at Elmbrook Church in Brookfield (WI) last March.
Susan Hitchler, 67, of Oconomowoc (WI) was charged then with endangering safety by use of a dangerous weapon after a criminal complaint alleged a loaded semiautomatic handgun was left in a woman's (SIC) bathroom at Elmbrook Church on March 19.
But the charge against Hitchler was dismissed when the defense argued that no one's safety was materially endangered in the incident.
In Tuesday, the state filed a new charge of disorderly conduct, punishable by a maximum fine of $1,000, 90 days in jail or both upon conviction.
According to the complaint, a church employee found the gun and came out of the restroom with it, asking a facility manager, "Is this real?" The Ruger .380 gun was loaded, had a round in the chamber and no safety switch, meaning anyone who may have found it and pulled the trigger would have discharged it.
At the time, an adult women's Bible study was going on, which allows women to bring their children with them; the bathroom was accessible to girls in the church at the time, the complaint said.
It added that Hitchler called the church looking for her firearm, believing she may have left it there. Hitchler told police she took the gun off clip on her waistband and set it down and forgot about it, the complaint said. About a half-hour later, she realized it was missing.
The complaint added Hitchler "was upset and indicted she could not believe she had done this."
Hitchler is due on court Dec. 8.
- Brian Huber, Freeman Staff
From a Wisconsin law website:
Elements of the charge of disorderly conduct under Wisconsin criminal laws:
Disorderly conduct is a Class B misdemeanor
DISORDERLY CONDUCT
Defendant engaged in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct
The conduct of the defendant, under the circumstances as they then existed, tended to cause or provoke a disturbance
Maximum penalty – 90 days jail and $1,000 fine
Note:
disorderly conduct is prohibited conduct for CCW in Wisconsin.
From the WI DOJ website:
"Prohibited Conduct For Anyone Possessing a Weapon
The CCW statutes do not, except where noted elsewhere, change any other existing laws governing the conduct of individuals and the use of weapons. For example, the following conduct is still prohibited:
Disorderly conduct. Where the facts and circumstances indicate a malicious or illegal intent a person may be prosecuted for loading, carrying, or going armed with a firearm. Wis. Stat. 947.01(1) and (2)"
