“While we recognize that the police were the agents of the city, the fact remains that it was the police, not the city, who were the direct and actual victims of Ortiz’s crimes. Ortiz did not threaten to injure the city – he threatened to injure the police officers. Ortiz did not fail to comply with an attempt by the city to take him into custody – he failed to comply with the police effort to take him into custody. Ortiz did not obstruct the city – he obstructed the police. And finally, Ortiz’s disorderly conduct was not targeted at the city – it was targeted at the police. … The police, not the city, were the actual victims of Ortiz’s offenses. As such, the city cannot recoup its collateral expenses in apprehending Ortiz.”
Recommended for publication in the official reports.
Dist II, Racine County, Flynn, J., Nettesheim, J.
For Appellant: Eileen A. Hirsch, Madison
For Respondent: Daniel J. O’Brien, Madison; Robert S. Repischak, Racine