Milwaukee man accused of breaking in and raping woman while she slept

Posted at 10:37 PM, Jun 07, 2017
and last updated 2017-06-07 23:37:48-04

Michael Birk of Milwaukee is accused of breaking into a home near 85th Street and Ohio Avenue, while the woman who lives there was sleeping.

The criminal complaint said, "she was awakened by someone on top of her wearing a white mask and gloves, holding a gun to her head."

The victim says he tied her up and raped her, saying "I'm going to kill you if you fight me."

At one point Birk allegedly removed his mask, and told her, "he was going through a divorce and had an 8-year-old child."

After he left the home, the victim, "was able to get help from her adult son who was sleeping upstairs."

She told police, "she cooperated with the suspect in fear for her safety, and also to protect her son."

According to the complaint, before Birk left the victim's home he, "took her credit card and demanded the pin number."

Police say he was caught on surveillance video trying to use the card at the Equitable Bank ATM on Oklahoma Avenue, near 76th Street.

Birk also got away with the victim's cell phone. Using the "Find my iPhone" app, officers traced it to a garage on 80th Street, just a few blocks from where the sexual assault happened. Police learned Birk had been staying at the home on 80th street with a friend.  

The victim's iPhone was found ringing in a backpack, which also contained a fake gun, knife, pry bar, brass knuckles, beer bottles, zip ties and various sex toys.

Also in that backpack, police say they found a business card belonging to Birk's ex-wife.

Upon questioning, Birk's ex-wife told police he has a marijuana and crack cocaine addiction. She also says that two years ago she caught him with a bag of about 20 pairs of women's underwear and nylon masks.

Birk is in the Milwaukee County Jail on a $100,000 bail. He is charged with six felonies, including first-degree sexual assault while armed, robbery, and false imprisonment.