Class Notes 11/7

Woman Stabs ex-Lover

It’s not everyday that authorities from Independence, Iowa, stumble upon a woman covered in blood and equipped with a knife and razor blades. It’s also not everyday that dispatch receives a call at 4:34 a.m. from a young boy telling them, “My mom just stabbed my dad.” However, on the morning of November 6th, 2017, local authorities experienced this exact situation.

Hillary L. Hunziker is facing a 1st-degree murder charge after sneaking into the home of her ex-husband , stabbing him to death, and then kidnapping her son.

As responders and paramedics arrived on the seen after the call from the child, the victim, Jason A. Hunziker, was found deceased in his bedroom with large lacerations to his left arm and left calf.

Prior to their arrival, dispatch actually received a second call, but this time it was from the victim, Jason Hunziker. “My wife just stabbed me and took my child.” stated Hunziker. Unfortunately, as mentioned earlier, these appear to have been Jason’s final words.

The defendant, defendant’s vehicle, and the kidnapped child were all located shortly thereafter in Robins, Iowa. Authorities found the defendant and the kidnapped child covered in blood, as well as the vehicle’s interior and exterior.

 

 

 

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UNI Police Chief

Helen Haire is the chief of police and director of public safety here at the University of Northern Iowa.

She gave our class a wonderful presentation over the Clery Act. This act is also known as the Higher Education Act.

What is it? It is a law that was passed by the U.S. congress that deals with crime reporting, procedures, and statistics. It is intended to make sure universities report their crimes and do not swipe them under the rug.  The current fine that can be given to a university can be up to $54,000.

The Clery Act was originally enacted by George Bush.

Why was the act enacted? On April 5, 1986, Jeanne Ann Clery was tortured, rape, sodomized, and murdered in her dorm room at Lehigh University.  The college passed over this incident as an “aberration”. In other words, Lehigh tried to hide this. However, the parents of Clery discovered that their had been several other incidents that had been swept under the rug by Lehigh. This is what ultimately lead the Clery Act’s implimentation.

The law requires universities to publish annual security reports. This includes fire reports, hazard reports, crime reports, and virtually anything that has to do with security and or the well-being of students.

The act clearly defines four geographic locations:

  1. On Campus
  2. Residential Housing
  3. Public Property
  4. Non-Campus

An example of this being used would be a university publishing a security report that states, “6 burglary’s on campus, 3 in residential housing, 3 on public property, and 17 report thefts non-campus.”

Non-Campus is actually defined as property that a university DOES own but it is not on campus. This includes fraternities, sororities, and other organizations.

The law gets very detailed. For example, if the UNI band travels to Europe to play in the New Years Day parade and they stay in a hotel for four days, that hotel classifies as residential housing. So yes, this means UNI needs to write to the London Police Dept. asking if any crimes occurred in the hotel during the four-day span.

Public Property also gets a little tricky. Certain thing affect whether something is public property. For example, if something is adjacent to a public park.

One thing to remember is that Clery crime definitions may not necessarily be the same as the laws/crimes defined by your state.

Laws include:

  • Murder and non-negligent manslaughter
  • Negligent Manslaughter
  • Rape
  • Fondling
  • Statutory Rape
  • Incest
  • Robbery
  • Aggravated assault
  • Burglary – is defined as entering a STRUCTURE in Clery, which means a shed or building. However, this does NOT include someone entering a vehicle and stealing items.
  • Motor Vehicle Theft – involves motored vehicles, however, a stolen jet ski would not classify as a motor vehicle theft, but a stolen snowblower would.
  • Arson

Clery has some confusing aspects to it. For example, an airplane is not classified as a motor vehicle under Clery, however, a motorized wheelchair is. I know, this doesn’t make a whole lot of sense.

Clery also has a hierarchy rule, which means that the more severe crimes are at the top. For example, the aforementioned list is in order. This means that is there is a robbery and an aggravated assaulted, the crime would be defined as a robbery because that is higher up on the list. This means that this crime would be slated under both robbery and aggravated assault, but instead just the higher of the two.

More offenses were added in the VAWA during the reauthorization of 2013. This offenses include: Domestic violence, dating violence, and stalking.

Interestingly enough, dating violence can not be found under the Iowa criminal code, however, it is still recognized by Clery.

Stalking ties very closely with harassment under Clery. If someone keeps texting someone, trying to talk to them, waiting for them after class, etc, and that person reports to the police, whether they went to charge them criminally or not, it will still be scored as “stalking” under Clery and therefore has to be reported by public safety.

Contrary to popular belief, it is very difficult to meet the requirements for “stalking” under the Iowa Code. Most get defined as “harrassment”.

Clery also requires university’s to report any drug violations, liquor law violations, and weapon violations. Weapon violations include carrying, possessing, etc.

Question: A 22 year old has a keg in a residence hall. Can they be arrested? Where is this scored under Clery?

Answer: No they can’t be arrested (unless they are giving the alcohol to minors), but most importantly, this incident is not scored by Clery. This is because it is not illegal for that 22 year old to have a keg in that residence hall. The 22 year old may be reported/referred to the department of residence because he/she would be violating their policy, but in regards to Clery and the Iowa Law, they are safe.

Hate Crimes have also recently be added to Clery.

Hate Crimes include:

  • Any of the previously listed offenses that are motivated by bias.
  • Larceny-theft
  • Simple Assault
  • Intimidation
  • Destruction/Damage/Vandalism of property

 

Examples of these would be burning a cross in a yard, beating someone because you hate their race, religion, gender.

Below will be the official list of bias categories:

  • Race
  • Gender
  • Religion
  • Sexual orientation
  • Ethnicity
  • Disability
  • National Origin
  • Gender Identity

So, how are crime stats compiled?

  • University police/security
  • Campus Security
  • Local Law Enforcement

In 2008, requirements for all schools were added by HEOA. These requirements apply only to campus. This required schools to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees on the campus.

This is exactly why UNI students receive automated emails when their is a sexual assault,  reported gun shots, or any other significant crime.

Timely Warning is another form of alert, but it is different than an Emergency Notification. This is for incidents considered to represent a serious or continuing threat to the campus community (eg. Tornado warning, etc)

The Annual Security report must be released/published by October 1st, NO EXCEPTIONS.

A fire report is also required for all institutions that have on-campis residence halls, which means that all residence halls maintain a daily fire log.

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