Our neighborhood's Plano PD patrol sergeant, Christopher Bianez, has offered to present at our next HOA meeting. Phillips will host at 4620 Yorkshire Trail. Date: Tuesday, November 21, 7 pm. Please click the link and let us know if you are attending (or not):
Burglary Updates:
Message from Anuska Zurita Date: October 27, 7:08 pm:
FYI, the trespasser has been arrested and is in jail awaiting transfer to Collin County jail. His name is Kevin Wilkins. He admitted to having been at my home several times. If he makes bail, he will have a leg monitor. Stay tuned!
Anuska
Email Message Date from Plano PD: On October 27, 2023, at 12:53 pm
Good Evening Mr. Lindsley,
I have reviewed this incident and spoke with the officers involved. I hope that you, Ms. Lindsley, and your neighbors will feel safe in your residences and sleep well tonight knowing the suspect was arrested by patrol officers this afternoon. Given the information that Officer Gill provided in his report, along with information provided by your neighbors, three separate warrants were issued for his arrest.
I understand your concern about the suspect not being arrested on the night that he entered your residence. Unfortunately, Texas law does not grant police officers authority to arrest for most misdemeanors that are committed outside of our presence. In the case of felonies, time and distance from the offense must be considered as well.
In your case, the suspect was charged with criminal trespass of a habitation, a Class A misdemeanor, since he entered your property though a closed gate, and your home through a closed door.
Burglary (felony) is defined by Texas Penal Code 30.02 as "A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault"
As there was no intent to commit a felony, theft, or assault that was described to officers or admitted to by the suspect, so this element of the crime could not be proven. Even if a burglary had taken place, due to the fact that officers did not locate the suspect until approximately 2 hours after he entered your residence, they would not have arrest authority due to the extended time.
I know that this is concerning for your family and neighbors. All of the officers that are responsible for patrolling your neighborhood have been notified and are committed to increasing patrols to show increased visibility when they are not on other calls for service.
Please let me know when you schedule your HOA meeting so I can try to set up a presentation from our Crime Prevention unit if they aren't already booked. Regardless, there will be at least two officers in attendance.
Myself and Sergeant Carver (ccarver@plano.gov) are the night-time Sergeants that are responsible for your neighborhood. If there is anything at all that we can do for you in the future, not necessarily related to this incident, please feel free to reach out to us.
Respectfully,
Sergeant Michael Devitte
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Police Department
Serving Since 2018
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Michael Devitte
Sergeant - Patrol Services Division
3rd Watch, D Sector, Platoon 2
DRE Agency Coordinator
4640 McDermott Rd.
Plano, Texas 75024
T 972.941.0318
C 972.816.8227
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