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Waukesha teenager charged with stealing home safe

April 3, 2013

A 19-year-old man has been charged with allegedly breaking and entering into a Waukesha woman’s home on March 23 to steal a safe belonging to her son.

The man claimed that he stole the safe because it contained $80, drug paraphernalia and approximately a half ounce of marijuana and he split the ill-gained profits with two other men.

Waukesha resident Dustin J. Biersack was charged on March 29 with burglary of a building or dwelling, a felony that carries a maximum penalty of over 12 years in prison, $25,000 in fines, or both.

According to the criminal complaint:

City of Waukesha Police were dispatched to the home of Diane Howard at 822 Beechwood Ave. shortly after 1 a.m. on March 23 after receiving reports of vandalism.

Howard said she woke up to the sound of breaking glass and saw an SUV driving away from her home with its headlights off.

She went downstairs and found a window had been smashed out, with glass debris strewn about. Officers observed there was fresh blood on the patio and Howard said she believed the vandal knew her son Nicholas, who had, “many enemies.”

Police learned that Nicholas had been feuding with Biersack and believed him to be a suspect. An officer visited Biersack’s home and observed, while speaking to him about the incident, that his left hand was wrapped in gauze. Biersack told the officer he had smashed the window and planned to mess Nicholas’ room up, “to send him a message.”

Police later spoke with a second man they believed to be involved in the burglary, though he is not currently being charged as an accomplice.

He told police that he had driven Biersack to the Howard’s residence and Biersack allegedly went inside and returned with a safe he found in Nicholas’ room. The two had previously discussed the safe, he said, because Nicholas told the man he kept money and marijuana in it.

They allegedly brought it to a friend’s house and broke it open, splitting the $80, drug paraphernalia and multiple bags of marijuana they claimed were inside.

At an initial appearance on April 1, Judge William J. Domina told Biersack he was to have no contact with the victim, witnesses or residence mentioned in the criminal complaint. He was also ordered to not possess any controlled substances without a valid subscription.

Biersack’s next expected court date is April 15.  

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