Tag Archive for: violent crime

Before we dive headfirst into the real meat of this article, let’s first begin with a bit of background regarding the crimes of burglary and robbery. Otherwise, those of you who use social media sites and/or watching TV news and crime dramas as your main sources of research, well, you may not know that burglary and robbery are not the same. Not even close.

Here’s a great example of how the media often mixes up the two crimes.

The headline:

“British Olympian says medals were stolen from her home in robbery.”

I read the article hoping I’d learn how and why armed and dangerous bad guys forcibly robbed the unfortunate female athlete at gunpoint in her own home. But that’s not what happened. The headline was inaccurate, likely due to an ill-informed writer and/or editor.

The public typically assumes when they read or hear something in the news, it must be fact because, well, it’s the news, and not fiction. When the media passes along bad information, unsuspecting everyday people could believe it to be true and then repeat it in conversation and/or in writings. And this is one way those faux facts make it into books. The best means to prevent using this type of misinformation, of course, is to conduct honest to goodness research.

Back to the news story about the runner’s “home robbed at gunpoint.”

The first line of the first paragraph of the news story immediately contradicted the headline, saying the distance runner received the news that her home had been ransacked while she was away. 

“A British Olympian distance runner said Wednesday thieves ‘ransacked’ her home and stole some of her medals and jewelry.” According to the BBC, she said a family member went to check on her dog and found the home “trashed.”

The runner, Eilish McColgan, later said she was upset and angry when she learned that her home had been the target of a burglary.

She’d not been robbed. She was not at home when the crook broke into her home and took her belongings. Unlike the news reporter, Eilish McColgan knew the difference between burglary and robbery.

The fact that she was not at home is very important detail that affects how the criminal would be charged, if caught.


Burglary is a property crime.

In a property crime, a victim’s property is stolen or destroyed, without the use or threat of force against the victim. Property crimes include burglary and theft as well as vandalism and arson. – National Institute of Justice


Burglary as defined by Black’s Law Dictionary

“The breaking and entering the house of another in the night-time, with intent to commit a felony therein, whether the felony be actually committed or not.”

In Virginia, where I served as law enforcement officer/detective, the law governing burglary states:

§ 18.2-89. Burglary; how punished.

If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
 
§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.

If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

VA Code § 18.2-91

If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

Clear as mud, right?

Notice that I highlighted a brief portion of a sentence above in red, and three specific words in blue—with intent to commit larceny or any felony other than murder, rape, robbery or arson …” I did so to emphasize that robbery is not a portion of, or related to the basic crime of burglary. It is a completely separate offense.


Burglary and Robbery are not the same!


Okay, still confused when I say that robbery and burglary are not the same crime? You ask, how could this be the case when so many TV and print news reports and fictional television shows time and time again tell us that Ms. or Mr. Crime Victim’s house was robbed?

An inanimate object cannot be robbed

Typically, burglary involves the breaking and entering the house of another, and only a burglar, or burglars, are involved. There’s no force, threat, or intimidation used against a resident during the taking of an item or items from a victim, because the victims are not present. For example, you and your spouse are out for the evening when Joe I. Stealem enters your home through a downstairs window and swipes a carton of orange juice from your refrigerator.

Author Lawrence Block expertly captures the essence of a professional burglar, and he does so quite nicely with his character Bernie Rhodenbarr. Keep in mind, though, that Rhodenbarr is not the average residential burglar encountered on a weekly basis by patrol officers in your town.

Now, on to robbery.


Violent Crimes.

In a violent crime, a victim is harmed by or threatened with violence. Violent crimes include rape and sexual assault, robbery, assault and murder. – National Institute of Justice.


Black’s Law definition of Robbery.

“Robbery is the felonious taking of personal property In the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.”

Traveling back to Virginia, we see that robbery there is defined as:

Virginia Code § 18.2-58. How punished.
Patrick Swayze

I was thumbing through a stack of offense reports, the crimes that had occurred during the previous overnight hours, when the owner of a nightclub showed up at my office door. His business had a widely-known reputation for rowdy bar fights, stabbings, drug dealings, and shootings. He was a loud-talking man with a coarse voice that sounded as if he’d swallowed a couple of sheets of 80 grit sandpaper. He was rude, crude, and irritatingly boisterous. However, the day he sat in the chair next to my desk with his hat in hand, however, he was as meek and mild as a newborn kitten. He had troubles and he wore them on his sleeve for the world to see.

He explained to me that the local police (his club was located in a nearby city outside of my jurisdiction) had threatened to begin proceedings to classify his business as a public nuisance. Their goal, they’d told him, was to then shut down the bar and padlock the doors for good. He went on to tell me that he’d invested his entire life savings into the nightclub as well as the cash he’d set aside for his daughters’ college years, days that were rapidly approaching. Things had simply gotten out of hand and he didn’t know how to turn them around.

I asked Mr. Jones (not his real name) why he’d come to see me and not an officer in the city where his business was located. After all, I told him, I didn’t have arrest powers in the city where his club was located. He looked me dead in the eyes and said, “I understand you know how to clean up problems like mine. You can, right?”

At the time, I must admit, I had a bit of a reputation for taking on some of the biggest and baddest thugs on the street, and winning. Of course, I didn’t do it alone. I had the backing of a group of officers I’d assembled specifically to tackle gangs and street violence. The collection of officers was appropriately named “Street Crimes Unit (SCU).”

The word on the street was that when I was recruited by a certain (unnamed) city police department, part of the reason was to clean up an area called “The Bottom” (not the real name) where honest, law-abiding folks absolutely did not dare venture outside at night. Instead, each evening, when the sun dipped below the horizon, residents double-locked their doors and windows and then hunkered down to wait for gunfire, home invasions, and drug dealers and prostitutes who shamelessly operated their businesses from the locals’ front yards and porches.

Dialing 911 was basically a hobby for the residents of The Bottom, and, when patrol officers responded they were often on the receiving end of anonymous gunfire, rocks, bricks, and more. They were outnumbered—15 or 20 to 1.

So, in order to accomplish the task I was hired to do, I assembled the SCU, a highly skilled and fearless team of officers, sheriff’s deputies, corrections officers, federal agents, friends of mine from the state police and other state agencies, reserve officers, and a herd of canines and their handlers—both narcotics dogs and those who love to bite. We dressed in black BDUs for uniformity and for a bit of intimidation factor, and we were heavily armed.

Each night I called a briefing where I instructed everyone to be safe but to arrest as many law breakers as they could possibly nab—I wanted the bad guys to know we meant business—we headed out on a mission we hoped would produce positive results, without violating anyone’s rights. Everything had to be by the book, no exceptions. But the goal was clear. Clean up the streets. Rid the neighborhoods of violent criminals.

After the briefing regarding the operation in The Bottom, I led the long parade of police vehicles to the edge of neighborhood, an area comprised of several square blocks. We parked out of sight and earshot where the K-9 handlers gave their dogs a quick potty break. When the dogs were properly relieved we “moved in” on foot, walking as a large unit down the middle of the main street where activity was most prevalent. I’d also assigned two officers to stay behind, standing guard over our vehicles.

We were about 30 deep and 2 wide, and I guarantee you that 60 officers suited in all black with some carrying rifles and shotguns, while a pack of barking and snarling Rottweilers and German Shepherds, well, I’ll put it this way … the streets were fairly clear within a matter of minutes. We took a few prisoners—those who thought they could take on the police by firing a couple of Saturday night specials into the air, hoping to scare us away. And there were those who enjoyed a good fist fight no matter the odds.

 

Sure, I got my clothes dirty, and I came away with a few bruises and scrapes, but we won the battle. And we did it again and again until the elderly residents were once again able to enjoy their front porch swings while drinking glasses of iced tea and chatting with their neighbors.

Anyway, back to Mr. Jones. Those “street sweeps” earned me a reputation of taking on the biggest of the biggest and the baddest of the baddest. It wasn’t a totally earned reputation since it was an effort by an entire team, but I led the way so it was my face that was associated with kicking butt and taking names.

Mr. Jones asked me to come to work for him as the head of his team of security officers. He wanted me to be a bouncer. A cooler. And in the worst joint within five counties. I immediately said thanks but no thanks. Then, and it was odd to hear from this guy, he said, “Please.” And there were tears in his eyes.

Well, Friday night rolled around—yes, I’m a sucker for tears—and I stood just inside the front door of the nightclub, wearing a black t-shirt with SECURITY stamped in bold white letters across the back.

I was Patrick Swayze from the film Roadhouse. Well, sort of …

I also wore BDU’s with the pockets packed with pepperspray, a kubaton, an ASP, and handcuffs.

I showed the other bouncers how to operate a hand-held metal detector—everyone was to be scanned…no exceptions, I told them. No purses, pocketbooks, or bags of any kind. No pepperspray and no knives … of any kind. If the detector sounded off, a security team member patted them down. If they refused the pat-down, they didn’t come inside. Simple as that. I did not want to go home that night with any extra perforations in my body.

Ten minutes into this dumb move (accepting the job), I was already wondering just how dumb I was for considering this dumb assignment.

Finally, at 10:00 p.m. (my usual bedtime), it was time to open the doors. The DJ was pumping out Hip-Hop and rap tunes that pounded inside my skull and rattled my bones until I thought my skeleton might make a break for it and dash for the exit. I’m a Led Zepplin/Pink Floyd kind of guy, so the music spewing from the club’s Volkswagen-size speakers definitely wasn’t doing anything to make me feel welcome.

I peeked outside and saw a line of people snaking down the front steps, out into the gravel parking lot (I’d already made a mental note to avoid any scuffles out there, because rolling around on jagged stones can be painful), and down the sidewalk at the street. Building capacity was 800 and there were at least 1,000 people waiting to get inside to hear “DJ Jamba-Juice” or whatever the hell his stage name was. I think his real name was Terrence Smith, though.

The crowd poured through the double front doors like water going down a drain. At twenty bucks each, Mr. Jones was making a killing, and that wasn’t counting the watered down scotch and bourbons the patrons would soon be gulping, at 10- to 12-bucks a pop.

The guys at the doors used those counter-clicker-things, trying to keep track of how many people had packed inside. But doing that, scanning for metal objects, searching pockets, arguing about the pocketbook rule, and dealing with those who were already intoxicated when they arrived, well, let’s just say they lost count and the building was bursting at the seams. I swear, each time the crowd exhaled I thought I could see moonlight coming in through the spaces where the rafters “used to” meet the walls.

And, lo and behold, it happened. Somebody looked at somebody’s girlfriend and the donkey dung hit the fan. It was on and out came the knives and broken beer bottles.

I waded through the crowd of looky-loos, pushing and pulling people out of my way until I found the fight. Four men going at each other like a pack of hyenas going after a zebra carcass. Two women were scratching and clawing and hair-pulling, and this was the snatching of real hair. Their wigs were on the floor, looking like two squashed and very dead muskrats.

I started worming my way into the fight, stopping the slugging, stabbing, and cutting. Then a shot rang out. And then another, and another.

People scrambled toward the exits, knocking down the weak and the meek. The fight, though, continued with more men joining in to take cheap shots at me. So I decided to even the odds and pulled out my pepper spray and began squirting the attackers like I was spraying a bad roach infestation. I held the ASP in my other hand, ready to take out the kneecaps, elbows, and collarbones of anyone not affected by the spray. Luckily, they abandoned their intentions and headed for the door, rubbing their burning eyes and skin.

My brand new SECURITY shirt was torn at the collar and my freshly laundered pants were filthy, with several drops and smears of blood on the legs and near the waistband. I looked around to see why the other bouncers hadn’t come to my aid and saw that they, too, had been involved in battles of their own. We looked a mess, like warriors who’d been away battling dragons and trolls and other evil creatures.

A few minutes later the local police arrived and they came inside ten deep, ready to clear the joint. The sergeant recognized me and immediately asked, “What the hell are you doing here?” But his question came a bit too late … I’d already asked myself that very question at least a dozen times. And to this day I still don’t know why I agreed to serve as a real-life Patrick Swayze for a night.

I did learn a valuable lesson, though, that it’s a lot safer to approach a situation such as the one at Mr. Jones’ bar, if you go in carrying machine guns while following a handful of well-trained dogs. A stick and a can of pepper juice just doesn’t cut it when the odds are a thousand to six, in the favor of the other team.

 

By the way, that was the last night Mr. Jones’ bar was open for business. Someone eventually bought it and turned the place into a family restaurant, specializing in Mexican food … where hot peppers are used as they should be … as part of the cuisine.

In 2016, the number of murders in the U.S. rose by 8.6% over the 2015 tally. Overall, violent crime increased over 4%.

Since there’s a lot of talk about assault rifles being a favored weapon of choice among killers, let’s take a moment to examine the number of people murdered with rifles of any kind (Remember, most rifles described as assault rifles are merely everyday rifles wearing fancy do-dads—no extra firepower, etc.).

Each of the above rifles is a Mini-14. They are the same rifle with the same firepower.

In 2016, 17,250 people were murdered. Of the 17,250, 374 victims were shot and killed with a rifle of some type. In comparison, 1,604 people were killed with knives or other edged weapons. Hands, feet, and fists were the instruments used to beat to death 656 people. That’s right, victims were beaten to death far more often than were shot and killed with rifles.

Illinois, for example, saw a total of 941 murders in 2016. Of the 941, only 14 were killed with some type of rifle.

61 were killed with an edged weapon. 62 with “other” weapons. 19 by hands, feet, etc. 780 by handgun or other type of firearm. 762 of the total killings in Illinois occurred in Chicago, by the way.

 

Murders by Rifle (a few random states)

Alabama – 0 by rifle (3 total murders)

California – 37 by rifle (1930 total murders)

District of Columbia – 0 by rifle (136 total murders)

Georgia – 20 by rifle (646 total murders)

Nevada – 2 by rifle (209 total murders)

New York – 2 by rifle (628 total murders).

Texas – 51 by rifle (1459 total murders)

Wyoming – 0 by rifle (19 total murders).


Also in 2016, 57,180 police officers were assaulted. 118 of those officers were killed.

 

Over 32% of the attacks against officers occurred while responding to disturbance calls, with 13.2% of those assaults taking place between the hours of midnight and 2 a.m.

 

62 of the 118 officers were killed with firearms.

19 officers were within five-feet of their attackers when they were killed.

45 of the individuals who killed officers had prior criminal records.

*Source – FBI UCR reports