Motorcycle burglar apprehended in Wyckoff based on DNA evidence
By Travis Tormey on Monday, September 24, 2012
Wyckoff police arrested a man they called the “motorcycle burglar” last week after they were able to match DNA evidence found at one of the victim’s homes to the defendant. The defendant, Lee Malsch, was arrested and charged with burglary and theft after allegedly breaking into a home and stealing $3,000 worth of jewelry in July 2011. Drops of blood at the scene were matched to the defendant’s DNA which led to his arrest. The defendant was known as the “motorcycle burglar” because he allegedly fled the scene of the burglary on his motorcycle. For additional information, see the NJ.com article entitled “DNA helps Wyckoff police nab ‘motorcycle burglar'”.
In New Jersey, burglary is governed by N.J.S.A. 2C:18-2 which provides in pertinent part:
§ 2C:18-2. Burglary
a. Burglary defined. A person is guilty of burglary if, with purpose to commit an offense therein he:
(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter; or
(2) Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so.
b. Grading. Burglary is a crime of the second degree if in the course of committing the offense, the actor:
(1) Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or
(2) Is armed with or displays what appear to be explosives or a deadly weapon.
Otherwise burglary is a crime of the third degree. An act shall be deemed “in the course of committing” an offense if it occurs in an attempt to commit an offense or in immediate flight after the attempt or commission.
It doesn’t appear from the article that the defendant was armed or harmed anyone in the commission of the crime so this should be graded as a third degree burglary punishable by three (3) to five (5) years in state prison if convicted.