Tuesday, March 9, 2010

STALKING INVESTIGATION CASE

This is a report regarding an investigation conducted by Papago Investigations & Consultants of Arizona for a female client. The initial report was that the client was being victimized by a stalker. Agents assigned the case file for investigation were State of Arizona & California licensed Private Investigators D. W. TSCHUDY and Jerry KOSOWSKY, with a great deal of assistance and cooperation from the City of Scottsdale Police Department.

The information provided here is an actual account of what occurred without the identities of the victim or subject being provided for their safety.

On or about May, 2008, the victim, a white female, age 34 and single parent with two young children ages 3 and 6, contacted Papago Investigations & Consultants regarding concerns she was having with an older, white male, age 69. These concerns were relative to her workplace environment where the older male would come into the restaurant where she was employed and sit at the counter for hours and in general becoming a nuisance.

Behavior of the older male was bizarre and erratic sometimes, even though the victim explained to the older male that she was at the time married. The older male continued to attempt to provide the victim with unwanted gifts, monetary gifts of cash that sometimes were in the one hundred dollar range as well as attempting to purchase a five hundred dollar ($500.00) pair of boots at a Department Store (where it just so happened the spouse of the subject was employed in the shoe department at that department store). All of these gifts were either not accepted, or if left at the place of employment when the victim was not working, were returned.

The individual continued to cause issues that made the victim feel uncomfortable (gut feeling something was wrong). Some of these were the older male crying, speaking in low tones of voice so others around could not hear what was being said to the victim (only the victim), staying at the business for periods of over three (3) hours while the victim was working that station, and many other behavior issues too numerous to mention.

The victim contracted with our private investigations firm to conduct a limited background investigation on this individual. The information provided to the investigating agents was that this older male subject reportedly drove a red Chrysler PT Cruiser with Arizona vehicle registration. Subject was reported to be a native of the State of Texas.

Research of an Arizona vehicle registration revealed there to be a man with the same description that lives in the City of Scottsdale, Arizona. Our agency’s agent queried the State of Arizona motor vehicle registration files and through that research was able to gain a State of Arizona driver’s license photograph of a subject. This did not mean this was the correct person, so a copy of the driver’s photo was shown to the victim and the victim identified this person as one in the same as the reported subject.

Research began with a correct name, address, birthdate and through all of that data our agency was able to identify the subject’s previous addresses over the past several years, relatives and criminal history records in the State of Texas. That research revealed similar incidents in and around the Austin, TX area that included Terroristic Threats as well as Criminal Trespass-Habitation. The development of this information concerned the seasoned investigators and reports, including this criminal history and charges that had been dismissed, alerted the investigators that there could be problems in the future with this subject.

Additionally, viewing the previous record of former addresses, it appeared that the subject seemed to move around a great deal. That, too, was concerning to the investigators.

After gaining the information, the victim met with the investigator sand had discussions surrounding her safety and the safety of her two children. The victim was offered suggestions that she should not travel alone if possible, monitor/observe her surroundings and begin to watch the rear view mirrors, change her habits of her traveling to/from work and/or home, changing travel routes, and prevention by her of becoming a more serious victim knowing that someone was stalking her. This was the first time the “STALKING” word came up but from all appearances the subject was in fact stalking the victim and/or her two children. Sometime prior to November, 2008 the victim separated from her spouse and began to live alone with only her two children.

It is suspected that at some point the subject followed the victim home in order to learn of her new address and the subject continued to exhibit unacceptable behavior at the victim’s place of work.

The subjects’ behavior escalated to the point that her employer requested that the subject not come into the business again. The subject did not like this order by the owner of the business and reportedly expressed as much. The following day the subject brought in a bouquet of flowers with an apology letter. This was not accepted and the subject was again reminded he was not welcome in the business for any reason, at any time.

An Order Against Harassment was issued against the subject and was served by a licensed process server on the subject. This seemed to incite the subject (not uncommon in cases like these) and the subject continued to drive by the victim’s residence in defiance of the order, against it being in existence.

On one occasion, the subject attended a little league game where one of the victim’s children was playing at a local park and walked into the area knowing full well he was to remain away from and not go near the victim. Fortunately, several off duty Scottsdale Department of Police officers were present and arrested the subject for violation of the Order Against Harassment.

This unacceptable, adversarial behavior continued. Observations made by independent witnesses observed the subject driving by the victim’s residence and place of work on several occasions. At this point our investigating agent had the tools available to attempt to get the subject in the act of disobeying this court ordered Order Against Harassment.

On a Saturday evening, at approximately 7:50PM, the investigating agent set up surveillance on the subject vehicle at his place of residence. At approximately 10PM the subject driving the red Chrysler PT Cruiser drove past the victim’s residence and traveled past the surveillance vehicle. The vehicle was followed around the block and it passed by the victim’s residence a second time.

The investigating agent continued surveillance of the vehicle throughout the Eastern area of Scottsdale and at one point into the East edge of Phoenix (City of Phoenix PD jurisdiction) and then back to the City of Scottsdale where the subject was arrested by the Scottsdale Police Department with the investigating agent confirming that this was the vehicle that drove by the victim’s residence and that the subject was the operator of the vehicle at the time.

Throughout the following months, the subject continued to disobey the Order Against Harassment and was charged other times, with the final straw being appearances in court by the subject, showing that his behavior indicated that his stalling tactics were to harass and intimidate the victim.

The Maricopa County Prosecutor’s office and Maricopa County Advocate of Victim Services were both instrumental in gaining compliance of the subject throughout the court hearings.
The defendant plead guilty to the charges in February 2010 and was sentenced to 60 days in jail and to pay restitution.

The end result is that the victim and her two children may have relief from the fear that has been instilled within them due to this predator. The victim had the wherewithal to fight, persevere, safeguard her life and that of her two children while surrounding herself with the safety of relatives/friends and customers. She informed her neighbors what was going on, took precautions traveling to/from work and home. The order of the court upon conviction is some relief, but not total relief.

The victim must now maintain her vigilance and must continue the Order Against Harassment protective order against the subject, remain in contact with the subjects’ probation agent, and request to be updated regarding changes in the subject’s status. The victim may now receive restitution of $4,766.00 which includes reimbursements to her for expenses of a security camera system, more secure locks for her residence and the private investigation bill.

The subject stole from this family the feelings of safety, living in a neighborhood where the kids can play outside without concerns, peace of mind, free minded spirit and others too numerous to mention. But the subject gave something to them too; the subject gave them fear that will be with them for the remainder of their lives; knowing that people like the subject, a PREDATOR, are out there to victimize others. Maybe in one small sense, this family is lucky to have survived this episode in their lives, maybe they will have learned that people like the subject are out there and caution is always a trait that is maintained to insure their safety. Gut feelings should be listened to and acted upon. In this case, it may have saved their family from serious injury.

Papago Investigations and Consultants remains compelled and committed to helping others and prevent innocent, defenseless young women and their children from becoming victims.

If you feel like you or your family is in danger in any way, from any one, please call our office immediately. All calls and cases are confidential and initial consultations are always free of charge. (480)423-9346 24-hours a day, everyday.