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PETERSEN v. STATE12/20/1996
this encounter, he went to E.H.'s home. Ignoring the no-contact provision of the domestic violence restraining order (which had been issued only hours before), Colbry barged into E.H.'s house and began to scream at E.H.. He told her that the next time he encountered J.L., J.L. wouldn't be able to ask the troopers for assistance because Colbry would "kill him before he got there". When E.H. tried to reach the telephone, Colbry grabbed her by the neck and pulled her away. The police were summoned by the couple's daughter, who had run to a neighbor's house to make the call. By the time the police arrived, Colbry was gone.
In the ensuing weeks, Colbry frequently appeared at E.H.'s workplace and followed E.H. home from work. In December 1993, Colbry used his key to enter E.H.'s residence without permission. When he began to yell at E.H., she called the police. The police dispatcher spoke with Colbry and convinced
him to leave, but after Colbry finished speaking with the dispatcher, he grabbed E.H. and threw her against the wall before he left.
In January 1994, Colbry was convicted of fourth-degree assault for the episode of October 10, 1993 (Colbry's visit to E.H.'s house on the day the court issued the domestic violence restraining order). Colbry received a suspended imposition of sentence. As a condition of probation, he was again ordered to have no contact with E.H..
In March 1994, Colbry was convicted of trespass based on the December episode in which Colbry entered E.H.'s house without permission and threw her against the wall. Again, as a condition of probation, Colbry was ordered to have no contact with E.H.. In addition, E.H. obtained another domestic violence restraining order against Colbry.
Despite these court orders, Colbry continued to telephone E.H.'s home, and he repeatedly threatened to harm or kill J.L. (with whom E.H. was now living). On February 26, 1994, Colbry telephoned E.H. and told her that she should not plan on marrying J.L. because, if E.H. intended to do that, Colbry would kill him first. In early March, Colbry saw E.H. and J.L. together in a restaurant. A few days later, Colbry called E.H. and told her that if he ever saw E.H. sitting together with J.L. again, Colbry would "jerk [J.L.] off the chair and kill him".
On June 7, 1994, after E.H. informed the police that Colbry had again violated the restraining order, the police prepared to monitor and record Colbry's next telephone call. Colbry called E.H.'s house later that day; J.L. answered the phone. During ensuing the conversation, Colbry made numerous threats to injure or kill J.L..
In August 1994, Colbry was indicted for first-degree stalking under six separate theories. Colbry ultimately pleaded no contest to a single consolidated count that charged him with first-degree stalking under both AS 11.41.260(a)(1) and 260(a)(2) (because his acts of stalking were violations of both the domestic violence restraining order and his condition of probation), as well as 260(a)(6)(A) (because he had previously been convicted of assaulting E.H.). Colbry reserved the right to challenge the constitutionality of the statute. Cooksey, supra.
The Definition of "Stalking" and a General Discussion of the Defendants' Constitutional Claims
The basic definition of "stalking" is codified in AS 11.41.270, the second-degree stalking statute. Subsection (a) of this statute declares that the crime of stalking is committed when a person
knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
Subsection
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Alaska DUI Attorneys
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