DS and CV began a dating relationship. It lasted approximately 3 weeks. CV ended the relationship. Despite the break-up DS continued to call and text CV. In addition to the unwanted phone calls, DS parked outside CV’s home on two occasions. At one point, DS placed a letter and Religious memento at CV’s front door. CV obtained a restraining order. DS called CV four times after the restraining order was issued.
DS was indicted for “Stalking” and “Violation of a Restraining Order”
Though the word “stalking” is commonly used in everyday talk (usually as hyperbole – “like, omg, he’s totally stalking me on Facebook”), the definition of the crime of “Stalking” is quite different. In Massachusetts, Stalking occurs only if the defendant makes a threat with the intent to place the person in imminent fear of death or bodily injury. DS made no such threat.
After negotiation, Henry (with the consent of DS) and the prosecutor agreed that the “Stalking” charge be amended to “Criminal Harassment.” DS pled guilty to criminal harassment and violation of a restraining order.
Note: DS had been previously convicted of stalking (his ex-wife), this was one of the factors that compelled the government to indict DS in this case, despite the weak evidence.