CLEAR LAKE – A North Iowa man was charged with a Class B felony after entering the apartment of an ex-girlfriend and assaulting a man who was there.
According to Clear Lake police, Jerry A. Enslow of Garner went to the apartment located in Clear Lake on Tuesday and committed the crime of first degree burglary. A person commits burglary in the first degree if, while perpetrating a burglary in or upon an occupied structure in which one or more persons are present, the person intentionally or recklessly inflicts bodily injury on any person.
Enslow faces up to 25 years imprisonment if convicted.
Enslow will be in court on April 26th and is being held in the Cerro Gordo County Jail on $50,000 cash bond.
SUBJECT IS INNOCENT UNTIL PROVEN GUILTY.
Would your opinion of “throwing the book at him” change if you found out that he came HOME from work early and found a drunk man naked in the bed of his girlfriend (and mother of his child)? Maybe she is considered his ex in the article since she let him go to jail because she didn’t want to admit that he lives there and jeopardize losing her government housing. Hard to make a judgement when the article makes it seem like he went to an ex-girlfriend’s apartment looking for a fight.
I wondered if he was charged with the correct crime, but I researched and found that burglary is simply illegal entry at nighttime with the intent to commit any crime, not just theft. I do wonder why they didn’t also charge him with assault. I’d have thrown the book at him.
You should review Iowa Code Chapter 713 which is the burglary chapter. A burglary can occur at any time; there is no requirement that it be at nighttime. Basically burglary is an entry without permission with the intent to commit a felony, assault or theft. Additional elements such as people being present, a weapon being used or causing injury defines the level of burglary — third, second or first.
Assault is a lesser offense and a quick plea to the assault could result in double jeopardy and dismissal of the greater charge.
This is from Iowa Criminal Law code.
http://tinyurl.com/cvo2lnu
The assault is included in the definition as are other offenses once one has entered the structure.
It is the intent when entering and since you cannot read another’s mind regarding what he or she may intend, you can consider the manner of entering and what happens after one entered to determine what the intent is or was. But it must be the intent to commit a felony, theft or assault.