State v. Mr. W (DMC No. 12028) – Felony Stalking, and Felony Aggravated Harassment – Dismissed (Due to Competency Issues) – Maricopa County Superior Court (Case No. CR2013-012382)

Mr. W was a 26-year-old man, who became obsessed with a deejay on the local radio station. He would contact her within various ways, and eventually she secured an Injunction Against Harassment, which forbid him from making anymore contact. Over the next eleven months, he came by the station on at least seven different occasions. In addition, he called into a radio program, and he eventually left a gift basket on the smoking bench outside of the station the day before he got arrested.

On the very next day, he was seen by the radio station, and the managers of the radio station called the Phoenix Police Department. When they arrived, they began talking with Mr. W, and once they confirmed his identity, he was Arrested for Stalking. He Invoked his Miranda Rights, and that’s when the services of DM Cantor were obtained.

Once we became involved, we dealt with Mr. W’s parents in order to secure all of his mental health records. In addition, we secured copies of all of the Police Reports which stated that he had basically left sweet notes, poems, and drawings. Nothing was ever threatening. Because there was no threats, it was going to be difficult to show actual Aggravated Harassment. Stalking also seemed to have been overcharged. However, as to the violation of the Injunction Against Harassment, that seemed fairly clear cut. Ultimately, after presenting all of the mental health records to the Prosecutor and to the Court, they ultimately decided to Dismiss Charges as they had ruled that Mr. W may be Incompetent (per Rule 11) due to his mental issues. Mr. W eventually got proper medication and treatment, and he had not been involved with the justice system since.