Petition to Amend Kentucky Restraining Order and Stalking Laws

[theguru]

1. Petition by
   Edwin Scudder
   Florence, KY
   

 

ATTEMPTED MURDER

On Tuesday August 6th in Ft. Thomas Kentucky, my niece Alisha Waters was shot 5 times by her estranged husband (3 in the abdomen, once in the leg, and once in the neck). He then put the gun to his head and killed himself.

Miraculously she survived, but the bullet to her neck severed her spinal cord, rendering her forever a quadriplegic. DJ Mathis, her soon to be ex-husband (despite being under psychiatric care and having been committed to a mental facility) was able to walk into Triggers gun shop in Florence, Kentucky and purchase a 9 mm. handgun. He passed the background check because he lied on the form about his mental condition.

He parked in an adjacent parking lot out of sight of the lot Alisha alwaysparked in. When he saw her pull up, he followed her inside the building. The police called it an ambush.

Alisha was unaware DJ was even there until she pushed for an elevator. It was then she noticed the gun in his hand. Speaking to directly to him, she said, "DJ...please." At that very moment, the elevator doors opened, and as she bolted inside he began firing. The elevator doors closed and opened again and again on her body while she played dead. She then heard the final shot, as DJ Mathis put the gun to his head and killed himself.

 

THE BACKSTORY

They had been separated for three months, when my niece filed for an Emergency Protection Order, which was granted; however six days later, it was rescinded by Judge Lisa Bushelman because there were (according to the judge) "No signs of domestic abuse". Several actions at the hearing occurred simultaneously which her family believes allowed Judge Bushelman to arrive at her conclusion.

Alishia never considered (nor was informed six days earlier) that she might need an attorney for a restraining order hearing.

While sitting at the hearing across from DJ (who was accompanied by counsel) an officer walked up to her; asked if she was Alisha Waters Mathis; and handed her papers saying "Consider yourself served". Upon scanning them, she discovered they were divorce papers. The purpose of this drama was concocted by DJ’s lawyer to unsettle her psychologically: to that end, it was very effective.

 

THE HEART OF THE MATTER

The Kentucky law is vague and open to interpretation by the states’ judges. Very often, the victim has to prove that they have been physically or sexually abused prior to filing. There is a clause in which the order can be enacted because the victim was in fear of her life. In this case it wasn’t. Even though Alisha had stated in the papers she filed with the court that she was in fear of her safety and that of her two dogs, even though she stated that DJ was mentally ill and she was in fear he had been off his meds.

According to Women’sLaw.org:

"The level of proof to obtain a civil protection order (an EPO or a DVO) is lower than that necessary to convict the abuser of a crime. However, you will still need to show either that the abuser injured you; that he sexually assaulted you, or that he threatened to do so. You should explain to the judge that you are fearful of your abuser and why...In Kentucky, protective orders do not cover victims of stalking and harassment” (http://www.womenslaw.org/laws_state_type.phpid=10049&state_code=KY&open_id=11260)

One of the things we are trying as a family to accomplish is to amend the law surrounding the granting of the EPO/DVO, as well as the law regarding stalking and harassment.

None of these consider cyber-stalking (i.e. text, email, and social media).

Within a 2 week period Alisha had received 186 texts from her separated husband.

He used psychological abuse, threats of violence, and threats of harm in his texts and calls.

He called telling her that her most beloved dog, Howie (whom he had refused her to visit) was dying from cancer. Alisha's parents we're unnerved and called the dog’s vet only to discover that Howie had not been seen since April (this occurred in August).

It was not until after her shooting did we discover the call occurred on the very day he had bought the 9 mm.

 

OUR RESOLUTION

We as a family are asking help from the public to amend these Kentucky laws to include psychological torture and cyber-stalking via email, text, or social media as methods of abuse worthy of a restraining order. We wish to bring Kentucky into the 21st century and force them to recognize that one can be abused by technology.

Had Alisha been granted the DVO based on psychological abuse through texts and phone calls due to cyber-stalking, DJ would have been denied the purchase of the gun that changed her life forever.

 

Alisha is currently in a rehab facility at Specialty Select Hospital for Respiratory therapy and soon will be moved to Shepherd Hospital in Atlanta for patients with spinal cord damage. She had been in SICU for a month and a week at the University of Cincinnati Trauma center. She can feel nothing below her neck.

 

http://www.change.org/petitions/petition-to-amend-kentucky-restraining-order-and-stalking-laws

[theguru]

To:

The Governor of KY

The KY State Senate

The KY State House

State Rep. Adam Koenig, Kentucky-069

State Rep. Sal Santoro, Kentucky-060

State Rep. Addia Wuchner, Kentucky-066

State Sen. John Schickel, Kentucky-011

State Rep. Joseph Fischer, Kentucky-068

State Rep. Dennis Keene, Kentucky-067

State Sen. Katie Stine, Kentucky-024

State Rep. Thomas Kerr, Kentucky-064

State Rep. Thomas McKee, Kentucky-078

State Rep. Arnold Simpson, Kentucky-065

State Rep. Diane St. Onge, Kentucky-063

State Sen. Christian McDaniel, Kentucky-023

State Sen. John Schickel, Kentucky-011

State Sen. Damon Thayer, Kentucky-017

Gov. Steve Beshear, Kentucky

State Rep. Jeffrey Hoover, Kentucky-083

Rep. Adam Koenig KY-069, KY Rep.

Rep. Sal Santoro KY-060, KY Rep.

Rep. Addia Wuchner KY-066, KY Rep.

Sen. John Schickel KY-011, KY Senator

Rep. Joseph Fischer KY-068, KY Rep.

Rep. Dennis Keene KY-067, KY Rep.

Sen. Katie Stine KY-024, KY Sen.

Rep. Thomas Kerr KY-064, KY Rep.

Rep. Thomas McKee KY-078, KY Rep

Rep. Arnold Simpson KY-065, KY Rep.

Gov. Steve Beshear, Governor, KY

Jeff Hoover, KY. Rep

This petition is requesting an amendment to Emergency Protection Orders and Domestic Violence Orders to include mental abuse, psychological abuse and threats of harm by cyber-stalking (via email, text or social media). My niece Alisha Waters, was denied a Domestic Violence Order despite receiving 186 texts of threatening behavior and physical violence within a two week period. She had also written that she was in fear of her life, that her estranged husband DJ Mathis was mentally unsound and had not been taking his meds. Judge Lisa Bushelman wrote on the papers that there were "no allegations of domestic abuse".

On August 6, 2013, he gunned her down with 5 bullets and then shot himself. One of the bullets pierced her neck and severed her spine.

She is now a quadriplegic.

Had DJ been served with a DVO, he would never have been able to purchase the gun that changed Alisha's life forever.

The purpose of this petition is to bring Kentucky into the 21st century, by realizing their are other forms of abuse along with physical and sexual abuse: specifically by means of electronic communication such as text, e-mail, and social media, and that the laws need to be updated to include such methods.

Sincerely,

[Your name]

 

http://www.change.org/petitions/petition-to-amend-kentucky-restraining-order-and-stalking-laws

[mcpapa]

At first blush - and I am NO expert - if existing law does not take into account modern methods of communication, it seems like a no-brainer.

[theguru]

I am not agreeing or disagreeing here with the petition, just posting it for everyone to make their own decision about it.

 

What I would like to see is how the EPO/DVO laws compare in all 50 states. Or at least how KY compares with some other states.

 

I know from experience these cases are very difficult and may need to be revisited because of technology advances.

 

I also agree the gun buying background checks are a joke when it comes to mental illness because HIPPA pretty much blocks most of the information needed to make the determination.

 

Also, for the Judges involved, we can't just get into a process where it is all he said/she said when it comes to issuing protective orders.

 

Anyone?

[Bert]

On the surface, this seems like a no brainer.

 

I cannot see where if someone has proof of cyber stalking where this could be a risk of an innocent man being falsely accused.

[theguru]

At first blush - and I am NO expert - if existing law does not take into account modern methods of communication, it seems like a no-brainer.

 

If we are talking about the same thing some of what is described in the petition would actually be criminal offenses (probably Harassing Communications) and should have been handled with the police immediately. Sometimes when you have a legit criminal complaint it adds leverage to your petition for a protective order.

[Bert]

I also agree the gun buying background checks are a joke when it comes to mental illness because HIPPA pretty much blocks most of the information needed to make the determination.

 

While HIPPA is a good thing overall, there are some cases where exceptions need to be considered such as in this case. Also, I am surprised that the gun purchase background check does not check if someone has a current restraining order.

[Getslow]

Absolutely.

 

I'm of a divided mind on the current state of Domestic Violence Orders, having advocated for both petitioners and respondents at those hearings. It's a system that's probably in need of some serious work.

 

But we do need a new class of court ordered restraint in cases involving harassment and stalking. I'm just not sure how to do it.

[theguru]

While HIPPA is a good thing overall, there are some cases where exceptions need to be considered such as in this case. Also, I am surprised that the gun purchase background check does not check if someone has a current restraining order.

 

This was posted on the Resolution part:

 

We as a family are asking help from the public to amend these Kentucky laws to include psychological torture and cyber-stalking via email, text, or social media as methods of abuse worthy of a restraining order. We wish to bring Kentucky into the 21st century and force them to recognize that one can be abused by technology.

Had Alisha been granted the DVO based on psychological abuse through texts and phone calls due to cyber-stalking, DJ would have been denied the purchase of the gun that changed her life forever.

[theguru]

Absolutely.

 

I'm of a divided mind on the current state of Domestic Violence Orders, having advocated for both petitioners and respondents at those hearings. It's a system that's probably in need of some serious work.

 

But we do need a new class of court ordered restraint in cases involving harassment and stalking. I'm just not sure how to do it.

 

My thoughts exactly. That is why I would like to see what the 49 other states are doing.

[theguru]

While HIPPA is a good thing overall, there are some cases where exceptions need to be considered such as in this case. Also, I am surprised that the gun purchase background check does not check if someone has a current restraining order.

 

Also on HIPPA and gun background checks, I think it should be a simple yes or no. In other words, a gun buyer could be denied because of mental illness but no actual information about the illness would be given out to anyone, all that would be given out is a simple yes or no to whatever business runs the background check. Then, the person trying to buy the gun should have some type of appeal process. Finally, what we have now is clearly broke on this one issue.

[Getslow]

I know that Ohio already has a separate class of protective orders due to stalking or harassment.

 

At its most basic, it entails demonstrating to a judge that you have been "stalked" in the legal sense of the word. The problem is that in the case that prompted this petition, I don't know if even under the Ohio law, the pattern of texts would be sufficient. It very well could, if you could show that 186 texts in a two week period were designed to frighten or cause mental distress to the victim.

[theguru]

^ Also, in any case of domestic violence the victim needs competent legal representation.

 

Calling the police is step one but the police often hear "horror stories" and figure out real quick that they have another victim on their hands requesting the police stand guard 24 hours a day. Reality doesn't make that possible. Coming full circle, if you are truly a victim of domestic violence you need your own lawyer yesterday.

[Hearsay]

Much to say about this, but about to meet with domestic violence victim seeking divorce, so will post later.

[mcpapa]

Much to say about this, but about to meet with domestic violence victim seeking divorce, so will post later.

 

I am looking forward to reading your comments.:thumb: