Case of the Day

Case Description

Duber, Sophie, 11 yrs., died in St. Mary's Hospital. Shot July 30, while playing on street by stray bullet fired by Len Michalek, 18 years old, who was arrested, 33d Prect., and held by Coroner's Jury Aug. 9, 1905. Charge changed to assault to kill and sentenced Jan. 4, 1906, by Judge Clifford to three months in House of Correction.

Case Number

612

Circumstances

Date of offense July 30, 1905
Date of death August 3, 1905
Time between offense and death Within 1 week but more than 1 day
Type of location Street, or other non-commercial public place/alley
Type of public place Street, sidewalk or alley
Location description on street
Type of death Accident
Type of accident Accidental shooting
Murder/suicide? Yes
Circumstances description Accidental shooting
Total number of victims 1
Total number of defendants 1
Related to Prohibition? Yes

Victim

Name Duber, Sophie
Age 11 years
Gender Female
Race White
Ethnicity Other, european
Name of hospital where victim was taken St. Mary's
Victim/defendant relationship Not related by family

Defendant

Name Michalek, Len
Age 18 years
Gender Male
Race White
Ethnicity Other, eastern european
Defendant/victim relationship Spouses (including common law and ever married)

Police

Precinct 33
Date defendant arrested July 30, 1905
Total number of defendants arrested 1
Time between crime and arrest Less than 1 day
Arrest made at crime scene Yes
Allegations of police corruption No

Legal

Date of coroner's decision August 9, 1905
Outcome of coroner's judgement Defendant held to Grand Jury
Charges against defendant Other
Trial Judge Clifford
Type of legal decision recorded Coroner, trial
Outcome of trial Guilty of other non-homicide offense
Outcome of Grand Jury decision Indictment for non-homicide offense (includes assault with intent to kill)
Date of sentence January 4, 1906
Length of sentence 1 years
Allegations of police corruption No