A Nickerson man accused stalking his ex-wife was found guilty of two counts against him after a bench trial in front of Judge Trish Rose.
31-year-old Mark Kendall was found guilty of one count of stalking and one count of violating a protection from stalking order
Kendall had been charged with multiple counts of stalking, and violating a protection from stalking order. He’s alleged to have called his ex-wife’s phone on four occasions, May 23, and then three days in a row on July 6th, 7th, and 8th, of last year, but again the defense contends no contact was actually made. This was done while he was in the El Dorado Correctional Facility
But, Judge Rose found the state could only prove that on one of those dates, the victim was afraid when she discovered the call was from Kendall while he was at the El Dorado Correctional Facility. She described his actions as reckless.
Defense Attorney Lee Timan argued that he never meant to contact his ex-wife and that there had been other times that he called to talk with his daughter and his ex-wife would answer then hand the phone to his daughter. But, Senior Assistant District Attorney Steve Maxwell argued that he intended to call his wife making sure she knew he could contact her from anywhere.
You may recall that Kendall was sentenced to prison in a previous stalking case also involving his ex-wife. He was sentenced to 66-month’s of the 78-month sentence in prison, with the rest to be served in the Reno County Jail.
The case was originally set to be heard in Judge Tim Chambers courtroom, but apparently he recused himself from the case.
Sentencing is set for September 30, at 10 a-m.