BARTON COUNTY, KS - A babysitter was checking for "monsters" to reassure a scared child that there was nothing to fear and then discovered a man hiding under the child's bed.
According to NBC News, in a press release the Barton County Sheriff's Office (BCSO) said that on Monday evening, March 24th, the babysitter said one child she was babysitting complained that there was a "monster" under the bed. She tried to show the child that there was nothing to worry about and that there was nothing lurking underneath the bed, and instead ended up coming face-to-face with a man.
The babysitter and the man got into an "altercation" and one child was knocked over in the struggle. The man then fled the home. BCSO was dispatched to the home around 10:30 p.m. on a disturbance call.
The suspect has been identified as 27-year-old Martin Villalobos Jr., who once lived at the residence. BCSO said that he had been ordered to stay away from the property under a protection from abuse order. Deputies searched for Villabolos, but were unsuccessful in finding him that evening.
The next morning, he was spotted by law enforcement. He tried to flee, but was captured after a brief foot pursuit. Villalobos was arrested and taken to the Barton County Jail. He was booked on charges of aggravated kidnapping, aggravated burglary, aggravated battery, child endangerment, felony obstruction of a law enforcement officer, and violation of a protection from abuse order. He is being held on a $500,000 bond.
In a separate incident, a mother is calling for change after a man entered her home, uninvited and with a loaded gun. According to reports, the terrifying moment was caught on video and has gone viral over social media. The woman, Livi Lemke, said that she and her one-year-old daughter hid in fear for nearly 30 minutes before authorities arrived.
The worst part is that the man who did this was released from police custody that same day. She said, "He's just living life as normal and I'm living in fear. Laws aren't protecting me. They're protecting him."
She added, "It's not ok to enter someone's house with a loaded gun. This can happen to anybody. Laws need to change." Her story has sparked community outrage and conversation amongst authorities, attorneys, and lawmakers. In the state of Minnesota, the law says that a person can't be charged with burglary if they enter someone's home, unless they cause physical harm or steal.
Otter Trail County Attorney Michelle Eldien said, "The trespass alone doesn't make it a burglary. People refer to a burglary as just entering a home. That's not it. There are elements that the state needs to prove in order for the burglary to exist."
In the case for Lemke, the county was able to prove that it was a burglary. Eldien said it took some time for law enforcement to gather the facts and bring them forward. She said the case was unique since the man who entered the home suffers from mental illness.
In her 25 years, she said that cases have gotten more complicated. She said a mentally ill person may be charged, but they can't prosecute someone who doesn't understand what's going on. She said, "People get confused. They say, 'They should be getting help mentally.' Well, civil commitment, there are different standards under statute. A lot of these individuals do not meet the standard of not being able to take care of themselves on a long-term basis."
They're looking at what other states have done. In North Dakota, for example, if a person enters an occupied home without permission it's a felony burglary. Lemke said, "It can happen to anyone. If it does happen to anyone else, which I hope and pray it doesn't, that they wouldn't have to go through what I went through."
According to NBC News, in a press release the Barton County Sheriff's Office (BCSO) said that on Monday evening, March 24th, the babysitter said one child she was babysitting complained that there was a "monster" under the bed. She tried to show the child that there was nothing to worry about and that there was nothing lurking underneath the bed, and instead ended up coming face-to-face with a man.
The babysitter and the man got into an "altercation" and one child was knocked over in the struggle. The man then fled the home. BCSO was dispatched to the home around 10:30 p.m. on a disturbance call.
The suspect has been identified as 27-year-old Martin Villalobos Jr., who once lived at the residence. BCSO said that he had been ordered to stay away from the property under a protection from abuse order. Deputies searched for Villabolos, but were unsuccessful in finding him that evening.
The next morning, he was spotted by law enforcement. He tried to flee, but was captured after a brief foot pursuit. Villalobos was arrested and taken to the Barton County Jail. He was booked on charges of aggravated kidnapping, aggravated burglary, aggravated battery, child endangerment, felony obstruction of a law enforcement officer, and violation of a protection from abuse order. He is being held on a $500,000 bond.
In a separate incident, a mother is calling for change after a man entered her home, uninvited and with a loaded gun. According to reports, the terrifying moment was caught on video and has gone viral over social media. The woman, Livi Lemke, said that she and her one-year-old daughter hid in fear for nearly 30 minutes before authorities arrived.
The worst part is that the man who did this was released from police custody that same day. She said, "He's just living life as normal and I'm living in fear. Laws aren't protecting me. They're protecting him."
She added, "It's not ok to enter someone's house with a loaded gun. This can happen to anybody. Laws need to change." Her story has sparked community outrage and conversation amongst authorities, attorneys, and lawmakers. In the state of Minnesota, the law says that a person can't be charged with burglary if they enter someone's home, unless they cause physical harm or steal.
Otter Trail County Attorney Michelle Eldien said, "The trespass alone doesn't make it a burglary. People refer to a burglary as just entering a home. That's not it. There are elements that the state needs to prove in order for the burglary to exist."
In the case for Lemke, the county was able to prove that it was a burglary. Eldien said it took some time for law enforcement to gather the facts and bring them forward. She said the case was unique since the man who entered the home suffers from mental illness.
In her 25 years, she said that cases have gotten more complicated. She said a mentally ill person may be charged, but they can't prosecute someone who doesn't understand what's going on. She said, "People get confused. They say, 'They should be getting help mentally.' Well, civil commitment, there are different standards under statute. A lot of these individuals do not meet the standard of not being able to take care of themselves on a long-term basis."
They're looking at what other states have done. In North Dakota, for example, if a person enters an occupied home without permission it's a felony burglary. Lemke said, "It can happen to anyone. If it does happen to anyone else, which I hope and pray it doesn't, that they wouldn't have to go through what I went through."
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Comments
3 days ago | Comment by: Christopher
The monsters are real. They are everywhere.
3 days ago | Comment by: Paul
So tired of hearing the "mentally ill" excuse for committing crimes. Bring back the lobotomy and then give them a room with a view (and a barred window) and some finger paints.
3 days ago | Comment by: Suzanne
"The devil made me do it" excuse.