Abuser convicted of federal gun crime

Law forbids possession after domestic violence

By GINA BARTON
gbarton@journalsentinel.com

Last Updated: Sept. 23, 2002

A 45-year-old Jackson man has become one of the first people in Wisconsin convicted under a little-known federal law meant to keep guns out of the hands of people found guilty of even misdemeanor domestic violence.

Warren B. Kruse pleaded guilty Monday in Milwaukee federal court to the felony of possessing a gun after a domestic violence conviction, the first such charge filed in the Eastern District of Wisconsin. He faces up to 10 years in prison at sentencing in November.

Kruse's trouble started with the Green Bay Packers' 1998 Super Bowl bid. According to a police report, Kruse and his wife, Cynthia Kruse, got into an argument over Super Bowl tickets. Warren Kruse had purchased two. When he refused to tell his wife who would be using the other ticket, she stopped payment on the check.

In the argument that ensued, Kruse threw his wife against a wall at least twice, according to the report, and when Cynthia Kruse's adult daughter tried to break up the fight, Kruse grabbed the younger woman by the hair.

At the time of the January 1998 incident, Kruse had 10 rifles, six shotguns and three pistols in his home, the report states. All were eventually forfeited.

Kruse was convicted in state court of disorderly conduct and battery and sentenced to 12 months in prison, court records show.

Because Kruse's victims were family members, his crimes qualified as domestic violence. Under a federal law that took effect in 1996, he no longer had the right to purchase a firearm. Further, the domestic violence conviction made it a crime for him to keep the guns he'd purchased legally before the incident.

Authorities might never have known about Kruse's .50-caliber Desert Eagle pistol if not for a standoff with police outside a bar in February 2002. Two officers approached Kruse's truck and ordered him to get out, according to a Washington County criminal complaint. He refused, the complaint states, resulting in the 40-minute standoff.

When Kruse finally agreed to get out of the truck, police found the loaded handgun and 51 rounds of ammunition, according to the complaint that charges him with failing to comply with a law enforcement officer. That case has not been resolved, but in the meantime, local officials also referred him to federal authorities, said special Assistant U.S. Attorney Joy Bertrand.

Kruse's case is fairly typical of those prosecuted under the 1996 law, said Sherry DuValle, spokeswoman for the federal Bureau of Alcohol, Tobacco and Firearms.

"You're not going to get so many prosecutions, because they shouldn't be able to purchase a firearm in the first place," she said.

But even if no more crimes are committed, simply having a gun after a domestic violence conviction may lead to federal charges, Bertrand said.

The purpose of the gun also is not a consideration, which means hunting with a rifle or shotgun is off-limits, DuValle said.