Public Safety
Police: Men found sleepwalker in Iowa City apartment, beat him up
Posted on Nov 06, 2009 by Gregg Hennigan.
Jonathan Chun
Three men are accused of beating up another man who sleepwalks after finding him asleep in one of the men’s Iowa City apartment last August.
The victim, who police would only identify as a 21-year-old from Johnson County, was taken to Mercy Iowa City with injuries over most of his body, Sgt. Troy Kelsay said. Kelsay said the injuries didn’t appear to require hospitalization, but he’s not sure how the victim is doing now.
Facing charges of willful injury causing bodily injury are: Derryk B. Berger, 18, of Buffalo Grove, Ill., Jonathan Chun, 20, of 42 W. Court St. Apt. 403, Iowa City, and Kevin K. Lee, 21, of Northbrook, Ill.
Chun was arrested last week and Berger turned himself in last night, Kelsay said. A warrant is still out for Lee’s arrest, he said.
Willful injury causing bodily injury is a Class D felony punishable by up to five years in prison and a $7,500 fine.
The three returned to Chun’s apartment at 5 a.m. Aug. 30 after a night of drinking downtown, according to a criminal complaint.
Derryk Berger
They found the victim, who the complaint says is a known sleepwalker, asleep on Chun’s couch. Kelsay said the man was staying across the hall but did not live in the complex and he had no reason to believe the three knew the man was a sleepwalker.
The three men woke the victim and then punched and kicked him and beat him with an unknown object, according to the complaint.
Berger was wearing a cast on his arm at the time, and a mesh pattern from a cast could be seen on the victim’s head and back, according to the complaint.
The officer who responded to the initial report had no information on possible suspects, but Chun came to the Police Department later that morning to report that he was the victim of a trespass, according to the complaint. Chun then admitted he and Berger and Lee beat the man but said he thought they were justified because the victim was in his apartment, the complaint says.
derrrr
06. Nov, 2009
hmm. not sure what to think about this one. id be scared if some random dude was laying on my couch after i get home from work/bars/whereever.
hawkeyfan4eva
07. Nov, 2009
Hmm these guys came home from a night of drinking. Strike one against them for impaired judgment. Strike two for assault on someone who was not actively endangering them. Strike three for not doing the correct thing and calling police right away.
Trailbandit
06. Nov, 2009
Sounds like a good case to take to court. There appears to be some fault with each side, and perhaps a compromise can be made. One side needs to take action to correct the sleepwalking. One side needs to learn some constraint.
Grandma of 6
06. Nov, 2009
How do you correct sleepwalking? I have a relative that sleepwalks, sometimes it can be dangerous….
Ann_Onamouse
07. Nov, 2009
Well, I know that there are bed alarms, and personal alarms, that may (or may not) wake him if he gets out of bed…other than that, I'm not sure…
Ann_Onamouse
06. Nov, 2009
There was 3 of them. The guy was asleep. That is when you quietly exit the apartment and call the police. No excuses.
albe
06. Nov, 2009
I personally would've done the same thing,3 on 1 is a bit of an overkill.Let someone with authority handle it.I can understand the beating if it was 1 on 1 or wake him and see what was going on 1st.
Mandelbrot
06. Nov, 2009
Absolutely not. While beating the guy may have been excessive, there is no reason why a tenant should be precluded from using force to evict someone who they have every reason to believe is in their apartment unlawfully.
Ann_Onamouse
06. Nov, 2009
IMO -stupid and dangerous. And if it were perfectly acceptable in the eyes of authorities, they wouldn't be facing charges.
We'll have to see if they are convicted.
Mandelbrot
06. Nov, 2009
It is perfectly acceptable, to a point. The fact that they outnumbered the guy and inflicted injuries serious enough to send him to the hospital is probably where they went over the line, and probably why it took authorities 2 months to decide to pursue charges. But at the least, they would be justified in waking him up and muscling him out of the unit. It ought to serve as a wake-up call for the victim too, to get some treatment for his sleepwalking.
shotfeel
06. Nov, 2009
"Sleepwalker" definitely needs to do something different. The story reminded me of a comedian (Mike Birbiglia?) who sleepwalks. He talks about having to bring a mummy-style sleeping bag and other "goodies" to hotels in order to physically restrain himself while sleeping.
shotfeel
06. Nov, 2009
I'm going to agree with Ann again. Unless the guy posed an immediate threat, waking, then beating him is not the proper response. But that's my opinion. The question is, what does the law say?
high_steppin
06. Nov, 2009
CMON, LETS CUT THE GUY A BREAK…..HE IS A SLEEPWALKER!!!!
Unsung
06. Nov, 2009
If they would have locked their door this wouldn't have happened. Anyone living in Iowa City should know better.
jjustsaid
06. Nov, 2009
A night of drinking and only one was of age. That's Iowa City for you. But back to the subject…. if I came home and found someone on my couch I'd stun 'em with my stun gun!!! Sorry, MY house!
hawkeyfan4eva
07. Nov, 2009
How is it you have the authority to own a stun gun?
simpli_fi
07. Nov, 2009
One may own and possess many kinds of weapons in one's own home. Are you saying that it requires some sort of authority to own and possess in one's home a stun gun? Better just get a Glock, then.
jjustsaid
09. Nov, 2009
Ever heard of http://www.pantherstunguns.com. I actually have a stun gun and a stun baton. The baton is what I carry when I walk my three dogs. I've only had to bring it out twice so far when approached by a growling pit bull. The noise alone scares them off, but I am not afraid to use it.
lobosolo
06. Nov, 2009
i would take this to court, they may not have the money to do so. i think they were justified in dropping a beating on the guy. i remember a story a while back where a burglar entered a home and ate food and fell asleep waiting for his victims to return. you cant take a chance on waking him as you have no idea how well armed he was. hind sight in this case is 20/20.
i guess this is just what those of us who have lived in the ghetto instinctively do when faced with an intruder in our home. hit first ask questions later…
Ann_Onamouse
06. Nov, 2009
I've "lived in the ghetto" and that wouldn't be my 1st instinct…unless someone was coming at me, it isn't justified.
icpaper6945
07. Nov, 2009
he was sleepwalking… the guy was probably in his boxers.. completely rediculous to think he should be beat in any case, let alone by three guys.
GreenbayPackers
06. Nov, 2009
It took three guys to beat up a sleeping man. They must be real tuff guys. I could see one person beating him if he was awake. When the man is asleep call the police. let them take care of it. Plus like the others said Lock the door.
your_kiddn_rite
06. Nov, 2009
Why not just lock your doors so sleepwalkers cant just walk in? 3 on 1 is never fair
chaimfinestein
07. Nov, 2009
What!?! No one is complaining about "those Chicago people" coming here and causing trouble…
Ann_Onamouse
07. Nov, 2009
like accusing the guy of walking from Chicago??
axis123man
07. Nov, 2009
One main point was left off of the complaint and the article…the door of Chun's apartment was kicked in and had to be replaced including the frame! The repair was completely handled by the building management! How could this critical piece of information be left out of both the newespaper article and the complaint?
If I came home, my doors kicked in, the door frames broken and I find someone in my home…what would you do?
Ann_Onamouse
08. Nov, 2009
Well if this is true, I am going to wonder a bit about the sleepwalking. Maybe he, too, was drunk and got his apt. mixed up?
cojk
08. Nov, 2009
The sleepwalker was not legally drunk. He was given a blood test at the hospital and passed.
cojk
08. Nov, 2009
The sleepwalker didn't kick the door in. The three "men" locked the door when they found the sleepwalker in their apartment…The sleepwalkers girlfriend did when she broke it down because she could hear her boyfriend getting the crap beat out of him. And he was in his boxers…Who beats the crap out of a guy asleep in his boxers?
Ann_Onamouse
09. Nov, 2009
Thank you for clearing that up…I hope these "men" get their day in court, and learn their lesson.
lobosolo
09. Nov, 2009
so the next time someone breaks into your home, you are going to take them to court….. its been nice knowing you…..
sleepwalking is no excuse to break into someones home and not expect them to panic. most sleepwalkers take precautions to prevent them from leaving their own house, this guy didn't but probably will in the future.
he should consider himself luck to just have taken a beating instead of a bullet.
Ann_Onamouse
10. Nov, 2009
I was speaking to the fact that these boys have already been charged. Yanno, if they were all just sitting in their apartment and this guy "broke in" he would get what he got. But he was sleeping, ffs. No danger was posed. No threat. Sleeping. Call the law. Period.
NiRiON
10. Nov, 2009
For axis123man – I would at that point, call 9-1-1 on a complaint that there is an intruder in my apartment.
No one here has made the comment…
what if the sleepwalker was NOT a sleepwalker ? What if he played like he was sleeping ? Wouldn't you shoot or stab someone if you were the sleepwalker when someone began beating you up ?
It sounds like the sleepwalker should get medical attention before he too, might or could walk in the busy traffic out doors.
Then there's the fact – or at least sounds like facts…the sleepwalker must not be on the "across-the-hall apartments'" lease contract – so who does live there and shouldn't that person(s) be liable ?
I hope the news people continue on this story.