Fulton, MO 71° View Live Radar Thu H 91° L 71° Fri H 93° L 74° Sat H 92° L 73° Weather Sponsored By:

Serial cyberstalker could avoid prison again under plea deal

Serial cyberstalker could avoid prison again under plea deal

May 23rd, 2019 by Associated Press in Local News

In this Feb. 28, 2019, photo, Christopher W. Cleary, 27, makes a court appearance in Provo, Utah. Cleary’s arrest for posting a Facebook threat to kill “as many girls as I see” fit a pattern of behavior for a troubled man with a history of terrorizing women he met over the internet. Cleary’s plea deal with Utah prosecutors fits a pattern of lenient punishments common for cyberstalking and online harassment cases. A judge who is scheduled to sentence Cleary on Thursday, May 23, must decide whether to accept prosecutors’ recommended sentence of probation. (AP Photo/Rick Bowmer, Pool)

DENVER (AP) — Only hours before women marched through many U.S. cities in January, Christopher Cleary set off a manhunt when he posted a Facebook message threatening to kill "as many girls as I see" in retaliation for years of romantic rejection.

Cleary, 27, called himself a virgin who never had a girlfriend, stoking fears of another deadly rampage by a man blaming women for his problems. When police tracked his cellphone and arrested the Colorado resident at a McDonald's restaurant in Provo, Utah, Cleary said he had been upset and wasn't thinking clearly.

The frightening Facebook post fit a pattern of behavior for a troubled man with a history of terrorizing women he met over the internet.

His plea deal with Utah prosecutors appears to fit a pattern of lenient punishments — a common outcome for cyberstalking and online harassment cases.

"The vast majority of people, if there isn't a lot of training and education going on, tend to dismiss these things," said Carol Tracy, executive director of the Women's Law Project in Philadelphia. "That's why stalking is so dangerous. You think, 'It's not a crime. He's got free speech.'"

Cleary pleaded guilty in April to a reduced charge of attempted threat of terrorism, a felony punishable by up to five years in prison. But prosecutors agreed to recommend probation, sparing him any additional jail time in Utah beyond the months he's served since his Jan. 19 arrest.

If a judge accepts the recommended sentence during a hearing Thursday in Provo, it won't be the first time Cleary avoids a prison term. Judges in Colorado gave him similar breaks after a string of women and teenagers accused him of making threats and harassing them.

The prosecutor on the Utah case said the plea bargain is designed to secure a felony conviction that could help Colorado authorities get a prison sentence for Cleary's probation violations.

Agreeing to recommend probation was the key to securing his guilty plea, Deputy Utah County Attorney Douglas Finch said.

Finch said Utah's criminal statutes leave a "huge gap" between a misdemeanor charge of threatening violence and a felony charge of making a threat of terrorism. He said his office views Cleary as an "unbelievably dangerous individual" but wasn't certain it could prove the "stupid, horrible" message he posted on his Facebook account rose to the level of a terrorism threat.

"I did my review of the case with some concern over the statutes," Finch said. "The problem is that I feel (Cleary) falls right in the middle of those two areas, but most likely he falls in the lowest level."

He noted the Utah judge is still free to sentence Cleary to prison.

At least eight people since 2012 have contacted authorities to accuse Cleary of stalking or harassing them, according to an Associated Press review of police and court records. Police in Colorado also investigated complaints that Cleary threatened to bomb a grocery store in 2013 after an employee refused to cash his check, threatened to slit the throat of a Denver city employee after his car was towed, and threatened a mass shooting at a mental health facility during a phone call in 2016.

Cleary was on probation for a marijuana conviction when, in 2016, he was charged with stalking two 18-year-old women he met online. He was on probation and in mental health court for the stalking cases when he was charged in 2017 with stalking and harassing a third woman who was Cleary's caseworker. Last year, judges in Jefferson County, Colorado, sentenced him to probation in all three stalking cases.

Cleary, a Denver resident, was still on probation in Jefferson County when he was arrested in Utah. Pam Russell, a spokeswoman for the county prosecutor's office, said once the Utah case has concluded, Cleary will be returned to Colorado and prosecutors will seek to revoke his probation and send Cleary to prison.