FACTS PRESENTED: Peter Ripkin's brother, John, died in an automobile accident. At the time of John's death, he had been living for approximately six months with a woman named Vicki Upright. During the reading of John Ripkin's will, it was revealed that John bequeathed his grandmother's diamond brooch to Vicki. This upset Peter, who felt that the heirloom should have been left to a female blood relative, namely, his daughter.
Peter immediately offered to buy the brooch from Vicki, who refused his offer. Peter promptly threatened that unless she sold the pin, he would contest the will. Vicki became angry and stated that the only way he would get the brooch was ôover [her] dead body,ö and Peter responded that if that were necessary, then so be it.
Later that evening, Peter decided to go to Vicki's house to see if he could discuss the matter further with her. He was willing to pay as much as $10,000 for the pin, and told his wife that if she didn't accept his offer, he'd take the pin from her anyway. Before heading out to Vicki's home, he drank three beers.
At Ms. Upright's home, Peter rang the doorbell and called out to her, but there was no answer. He banged on the door several times and still got no response. Then Peter took a deck chair and brought it over to a window, to climb up and try to see if Vicki was home. At that point, he noticed that a window pane was broken, so he put his hand through it in hopes of letting himself into the house through the window. In so doing, however, Peter lost his balance and fell through the window into the house. Peter lost his temper and blamed Vicki for his fall, and vowed revenge.
QUESTION PRESENTED: Whether Peter Ripkin can be charged with either burglary or harrassment.
SHORT CONCLUSION: Ripkin may be charged with harrassment and burglary pursuant to New Jersey law, but issues regarding lacking but necessary elements of scienter by reason of intoxicatio
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