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What to do about a Stalker

(Click here to view the original thread on the MassCops Message Board)

Posted by: Unregistered

To members of MassCops, I would appreciate some advice on something that has been bothering myself and some members of my family. First of all I would like to say that I am greatful and admirable of the work that you all as police officers do everyday to keep our streets safe. I will try to keep this short. The situation is as follows: My brother and his fiance live in a condo and about one month ago someone left flowers on my brother's fiance's vehicle. They thought nothing of it, until several days ago when my brother's fiance noticed someone staring at her and following her while she was running at a park nearby. About a week later, the same person she observed watching her was standing in her parking spot in front of their condo. She parked her vehicle, locked her doors, and the individual (man in his 40's) walked away, occasionally stopping to stare back at her. Finally a few days ago, my brother went out to his car and found sympathy cards along with a tabloid magazine on his windshield. The sympathy cards said "I am deeply sorry for your loss", and was unsigned. A report was filed with the local police, who stated they would work on it. The department is municipal, and has their hands full with bigger problems, so I doubt that this is going to be read into. I am deeply concerned for my soon to be sister-in-law's safety, as well as for my brother's. There is no doubt in my mind that this guy is a stalker, nevermind a goddamn freak. So should we find this guy and confront him before it is too late, or should my brother and his fiance avoid staying at their condo continuously?(This is what they have been doing for the past several days.) My brother has no idea what this guy looks like, because he is never around when my brother is present. Any thoughts or ideas would be highly appreciated, and I thank you in advance. I want to put an end to this as soon as possible. Thanks again,
Concerned Family Member in Massachusetts


Posted by: BrianC

My suggestion.......Have her carry a camera on her at all times. If she's ever in a situation where he's there, and she's in her LOCKED car, she may be able to drive close enough to him to get a picture. Police can work with a picture much better than a description. Maybe even a cop will recognize the guy, and that can get things rolling.


Posted by: Unregistered

Thanks BrianC, I appreciate your input and will tell her to do this.


Posted by: 209

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES


TITLE I. CRIMES AND PUNISHMENTS


CHAPTER 265. CRIMES AGAINST THE PERSON


Chapter 265: Section 43A. Criminal harassment; punishment


Section 43A. (a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than two and one-half years or by a fine of not more than $1,000, or by both such fine and imprisonment. Such conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications or facsimile communications.
(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.


Posted by: 209

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 43. Stalking; punishment

Section 43. (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.
(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.
(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.


Posted by: 209

The individual must be identified, the bolded areas are the elements of the crime and all need to be met before either an arrest/complaint is filed. Yes its obvious that the Police can arrest and/or file complaints in court....An individual can as well. If the victim wishes they can go to District court in your area and file a criminal complaint themselves. Most people dont know that.

Be very weary this guy could be a simple freak with no intent to harm....OR he could be a psycopath that is obsessed with her and potentially violent. Your brother and his fiancee should be very very carefull and constantly aware of their surroundings. It wouldn't hurt to get a permit for pepperspray. Lastly, they should try not to live in fear but be alert. I hope it all works out.


Posted by: 94c

Quote:
Originally Posted by 209
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 265. CRIMES AGAINST THE PERSON

Chapter 265: Section 43. Stalking; punishment

Section 43. (a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury, shall be guilty of the crime of stalking and shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both. Such conduct, acts or threats described in this paragraph shall include, but not be limited to, conduct, acts or threats conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications and facsimile communications.
(b) Whoever commits the crime of stalking in violation of a temporary or permanent vacate, restraining, or no-contact order or judgment issued pursuant to sections eighteen, thirty-four B, or thirty-four C of chapter two hundred and eight; or section thirty-two of chapter two hundred and nine; or sections three, four, or five of chapter two hundred and nine A; or sections fifteen or twenty of chapter two hundred and nine C or a protection order issued by another jurisdiction; or a temporary restraining order or preliminary or permanent injunction issued by the superior court, shall be punished by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this subsection.
(c) Whoever, after having been convicted of the crime of stalking, commits a second or subsequent such crime shall be punished by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.
A prosecution commenced hereunder shall not be placed on file or continued without a finding, and the sentence imposed upon a person convicted of violating any provision of this subsection shall not be reduced to less than the mandatory minimum term of imprisonment as established herein, nor shall said sentence of imprisonment imposed upon any person be suspended or reduced until such person shall have served said mandatory term of imprisonment.
A person convicted of violating any provision of this subsection shall not, until he shall have served the mandatory minimum term of imprisonment established herein, be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct under sections one hundred and twenty-nine, one hundred and twenty-nine C and one hundred and twenty-nine D of chapter one hundred and twenty-seven; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection. The provisions of section thirty-one of chapter two hundred and seventy-nine shall not apply to any person convicted of violating any provision of this section.
You can't have stalking without a threat.


Posted by: Unregistered

Thanks alot 209, this information was extremely helpful. The pepperspray is a good idea, I believe she applied for her FID Card for Pepperspray this week. I will pass on this info to my brother and his fiance immediately. Thanks again, it's appreciated.


Posted by: nightcopppa

I agree with the pepper spray suggestion. It will stop just about anyone. If you don't think your local Police can commit enough time to identifying this scumbum, maybe you should consider a private investigator (PI) or maybe even Mass State Police. There are some pretty good PI's in the area that do these kind of investigations on a frequent basis and can really dedicate themselves full time. And god forbid this freak ever approaches her and grabs ahold of her, make sure she knows to fight and never let him transport her to a different location. That's when stalkers turn into murderers. Good luck!


Posted by: Unregistered

Thanks nightcopppa, I appreciate your help.


Posted by: Andy0921

http://www.ddsp.com/stun-guns.htm That will take all the fight of someone and it comes with free pepper spray. I guess a lot of the celebrities have this thing


Posted by: 94c

Quote:
Originally Posted by andy0921
http://www.ddsp.com/stun-guns.htm That will take all the fight of someone and it comes with free pepper spray. I guess a lot of the celebrities have this thing
also good to have if you want to get arrested.


Posted by: SOT

Directed energy weapons in MA are a no no for the general public.

Quote:
Originally Posted by andy0921
http://www.ddsp.com/stun-guns.htm That will take all the fight of someone and it comes with free pepper spray. I guess a lot of the celebrities have this thing



Posted by: Andy0921

Quote:
Originally Posted by SOT_II
Directed energy weapons in MA are a no no for the general public.
Yeah, I just read that on another website.


Posted by: thelastsamurai

If she goes out alone, I would also suggest them 'alert devices' that attach to your belt or around the neck, so if an attacker was going to strike, you hit the panic button and it makes a screetching sound, so that people nearby will be able to help/assist the situation... a cellphone and pepperspray is also handy.

If you can't say the town/city of the PD, maybe you can give us the region area?


Posted by: Unregistered

Thanks alot for the suggestions and info guys, it is a big help. I didn't know about those devices. I don't feel comfortable naming the city / town, but this is happening in Central Massachusetts.


Posted by: 209

Quote:
Originally Posted by 94c
You can't have stalking without a threat.
Just wanted to give the guy the law so he could see the elements and know that it wasnt stalking...as you know people use "stalking" without knowing exactly what it is.


Posted by: bluesamurai22

Hopefully this is just someone who is "mentally challenged" and harmless. It would be worth buying a hidden camera - they are pretty cheap now and available all over the internet. It would be easy enough to have one watching the parking spot or even inside the car.

Nobody talks to their neighbors anymore -especially in condo developments. I would suggest telling all of the neighbors what is going on and ask them to watch for anyone suspicious and to call the police if they see him. (They probably already have seen this guy around and might have more info right now) I would also ask them to write down any license plates if they see those. I would tell your family members to start documenting everything now in case this turns out to be something - take notes with exact dates and times and save anything this person leaves.

The pepper spray (carried legally with an FID) is a good idea. Another suggestion for your future sister-in-law would be RAD training: http://www.rad-systems.com/

If the camera trick and the nosy neighbors are no help then I have a few more ideas that might work. Try the camera and talking to the neighbors first and let us know in a few days.

If your brother ID's the guy tell him not to fly off of the hook. The proper legal thing to do would be for him and his girlfriend to get a Superior Court RO (this is not like the regular 209A restraining order - it is not arrestable but a violator can be guilty of contempt. A court order can also turn a stalking case into an enhanced stalking case with a tougher penalty). They can get the management of the condo place to trespass this guy from the property if he doesn't live there. If the guy makes any threats after he is ID'd then this might get bumped up to the crime of threats, stalking, intimidating a witness and stalking in violation of an RO. Threats are a misdemeanor, the other crimes are felonies if the elements are all there.

An easier charge to prove than stalking would be Criminal Harassment under MGL C. 265 S. 43A. It's probably not quite there now but 3 or more willful and malicious events, directed at a specific person that would alarm a reasonable person is a crime...


Posted by: Unregistered

Thanks bluesamurai22, these are all good ideas. I will share them with my family. There hasn't been any recent contact with this guy, but they've been avoiding their condo in the last two weeks so who knows what he has been up to. I'll pass on the info, it's appreciated.


Posted by: Andy0921

Hopefully he is over her, or he is in the pond house or something. But anyway maybe get someone to go over to the condo and see if they see him around or anything. Good luck!


Posted by: Unregistered

Thanks andy0921. I'll keep all of you who helped me posted.


Posted by: 209

Could you please register, It makes it easier to tell we are talking to the same person. Also, it gives you more options such as private messaging which can be good for questions you have and dont want posted in open forum. Thanks.




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