Janesville, Wisconsin

From the Janesville Gazette of November 1, 2005

Owner shoots intruder

A Janesville homeowner shot and critically wounded a man that police say broke into the attic through a roof vent and then crashed into the living room through the ceiling Monday night.

Kurt E. Prochaska, 38, of 3920 Afton Road, Janesville, remained in critical condition this morning at Mercy Hospital, Janesville.

Prochaska was shot once in the back by Michael L. Rainiero, 45, of 2520 Linden Ave., Janesville, said Lt. Danny Davis, head of Janesville police detectives.

Davis said Rainiero, his wife and three children were asleep when Rainiero woke at 11:24 p.m. to the sound of Prochaska crashing through the living room ceiling and falling 8 feet to the floor.

"He removed the attic vent and at some point while he was in the attic fell through the rafters and onto the living room floor," Davis said.

Davis said he wasn't sure if Prochaska was hurt in the fall, but Prochaska was walking when Rainiero confronted him in the hallway between the living room and bedrooms, Davis said.

"Both the homeowner and Prochaska are at opposite ends of the hallway. The homeowner verbally challenges him, tells him to leave, to get out," Davis said.

This morning, investigators still had not talked with Prochaska, but Davis said Rainiero told officers that after ordering Prochaska out of the house, Prochaska stepped into a bathroom off the hallway.

"That's when the homeowner retreated to the bedroom and got his gun," Davis said.

Rainiero told police he loaded the .380-caliber semiautomatic pistol that he keeps in his bedroom and cocked a shell into the chamber, Davis said.

"When the homeowner stepped back into the hallway with his firearm, Prochaska emerged from the bathroom and was now back in the hallway," Davis said.

Rainiero told police he verbally challenged the intruder again, Davis said.

"When Prochaska did not respond to the homeowner's request to leave, the homeowner shot him," Davis said.

From a range of several feet, Rainiero fired one shot from the small handgun, and the bullet struck Prochaska in the back, Davis said.

Before Rainiero pulled the trigger, Prochaska said something, but Davis declined to reveal what Prochaska said.

After being shot, Prochaska fell to the floor. Rainiero remained in the hallway, and his wife called 911, Davis said.

Davis said Prochaska was not armed and was not carrying burglary tools.

When asked if Rainiero was justified in shooting Prochaska, Davis replied that the case remains under investigation.

(Much more about Prochaska‘s criminal history)

From Green Bay’s WBAY.com of November 5, 2005

Prosecutor says he won't file charges in shooting of intruder

Rock County District Attorney David O'Leary says he won't file charges against a Janesville man, who shot an intruder who fell into his Janesville home through the living room ceiling Monday night.

O'Leary says the homeowner had no reasonable opportunity to retreat as the intruder was not complying with his repeated demands to leave.

The prosecutor says the 45-year-old homeowner's actions were reasonable and justified. He says the man was entitled to self-defense and to protect his family.

The 38-year-old intruder was shot once in the back near his spine. He was treated at Mercy Hospital in Janesville and later transferred to University Hospital in Madison.

O'Leary says he would never be able to convince a jury beyond a reasonable doubt that the homeowner was unreasonable in believing that he and his family were in danger.

The district attorney says it's still possible that a civil suit could be filed, but he doesn't believe the intruder could win one if it was filed.

UPDATE: The civil suit has been filed. Details in the September 26, 2006 Janesville Gazette:

The man shot by a Janesville doctor in what authorities think was a burglary of the doctor's home has sued the doctor for negligently using excessive force.

Kurt Prochaska, 39, Janesville, still is awaiting trial on charges of burglary and felony criminal damage because of events late on the night of Oct. 31, 2005, when, police reported, he crashed through the ceiling of Michael Rainiero's home, 2520 Linden Ave., Janesville, in an attempt to burglarize the home.

Prochaska is now in state Department of Corrections' custody because his probation for earlier crimes was revoked.

His lawsuit does not specify an amount for damages.

In the suit filed in August in Milwaukee County, Prochaska admits being in Rainiero's home when he was shot once by Rainiero. But Prochaska claims in the suit:

"Rainiero then returned to his bedroom, retrieved a handgun from the closet, released the trigger lock, he then called out to his wife to call 911, whereupon he then returned to the hallway, his hands were shaking badly, he knelt down, yelled at the intruder to leave, in a split second he decided to fire the weapon towards the subject because he wanted him to leave.

"Rainiero negligently fired a shot and accidentally hit the plaintiff in the back, severing the plaintiff's spinal cord."

The lawsuit alleges Rainiero's negligent use of excessive force "in dealing with the intruder/plaintiff" harmed Prochaska by causing "severe and permanent injuries, severe and relentless pain" and medical expenses, loss of earning ability and diminished quality of life.

In his response to the suit, Rainiero, a surgeon in Dean Health System, denies any negligence or using excessive force. Rainiero maintains that he was exercising his right to defend himself and his family.

He also asked that the suit be tried in front of a jury in Rock County, where the incident happened and all the involved parties live, rather than in Milwaukee County, where the suit was filed.

From Madison’s Channel3000.com of September 21, 2006

Accused Burglar Sues Homeowner Who Shot Him

DA Believed Rainiero Acted In Self-Defense

An accused burglar who fell through the roof of a Janesville home and was shot is now suing the homeowner who shot him.

Kurt Prochaska was arrested last October and charged with burglary, WISC-TV reported.

The homeowner, Michael Rainiero, said he shot Prochaska after he refused to leave the house.

Prochaska's lawsuit claimed Rainiero used excessive force and that he intentionally shot him in the back, trying to sever his spinal cord.

The Rock County district attorney believed Rainiero acted in self-defense and never pursued charges against him.