Richard D. VandenBerg

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A 51-year-old former state prosecutor was arrested late Tuesday night on charges he stalked a couple, accusing the husband of having an affair with his estranged wife, and then fought back when deputies arrested him.

Richard D. VandenBerg of 3511 29th Ave. SW, Golden Gate Estates, remains in jail today, held without bond on felony charges of aggravated stalking/cyberstalking involving cell phone voicemails, text messages and phone calls, and battery on a law enforcement officer.

VandenBerg had an initial hearing today, but no bond was set and a new hearing was set for tomorrow.

“I asked for a continuance so we could have another day to gather more information,” said his defense attorney, Shannon McFee of Naples. “The first step is to set reasonable bond and conditions for release.”

“He did get beaten up pretty bad,” McFee said of injuries visible on VandenBerg’s mugshot. McFee declined further comment until he receives more information.

Both charges are third-degree felonies punishable by up to five years in a state prison. Due to the conflict, the case will be prosecuted by an attorney from a different circuit.

VandenBerg, a misdemeanor prosecutor in Naples, was terminated from the State Attorney’s Office on April 30, according to State Attorney’s Spokeswoman Samantha Syoen. He’d worked there since Nov. 20, 2006, she said, and was terminated because he failed to come to work for several days.

“We tried to work with him to address the issues and he declined,” Syoen said.

The Florida Bar records show he was admitted to the bar on July 2. Until then, he was not prosecuting cases, but worked in the office. Whether he has charges pending could not immediately be confirmed.

The stalking victims, Michael and Kay Wagner of Naples, declined comment. State records show Michael J. Wagner, 55, is a real estate broker. An arrest report says he received repeated, threatening cellphone calls, text messages, and messages left on an answering machine that accused him of having an affair with VandenBerg's estranged wife, Renee Jean, 46.

Court records show VandenBerg filed for divorce against his wife of nearly 16 years on April 18 and that she received a temporary injunction against him on Monday.

An arrest report shows the Wagners went to the sheriff’s office Tuesday to file a complaint about repeated threatening calls. The sheriff’s office deleted the threats from the report.

“Michael stated that the calls and threats are causing him and his wife substantial emotional distress, and they have taken the threats very seriously,” Sgt. Stephen Macera wrote in his report. “He stated that he was afraid for the safety of him and his family.”

As he was talking with Wagner, Macera wrote, another text message came in on Wagner’s phone. Based on that threat, the report says, Macera provided the Wagners with an escort so they could retrieve personal belongings “as they were afraid to stay at their home while Richard was not in custody.”

The arrest report gives this account:

On Sunday, Michael Wagner escorted Renee VandenBerg to her estranged husband’s home so she could gather her personal belongings. Since then, VandenBerg has been accusing Wagner of having an affair with her.

The voicemails began coming in at 2:30 a.m. yesterday and the cellphone would convert much of the voicemail to text messages, but some were too long. Another call came in at 11:57 a.m. and another at 12:09 p.m. Soon after, Wagner called him to speak to him about the harassment and they spoke, but VandenBerg hung up.

However, the call didn’t disconnect and Wagner could hear VandenBerg speaking to someone else. At 2:07 p.m. Tuesday, Wagner received another call, and another seven minutes later. Two minutes later, there was another, then one shortly before 3 p.m. and another after 3 p.m. In addition to the eight cell phone calls, nine messages were left on an answering machine at Wagner’s home Tuesday afternoon.

At 8:15 p.m. Tuesday, deputies put VandenBerg’s home under surveillance, but the Sheriff’s Office deleted what occurred up to the point that VandenBerg agreed to meet them at his front gate. There, he was confronted by Investigator Harley Terrill, who ordered him to get on the ground.

VandenBerg refused and became “increasingly confrontational” verbally, so he was tackled from behind and forced against a fence. He began flailing his arms and elbowed Investigator Gary Howell “numerous times” on the side of Howell’s body.

Investigator Chris Fotiou struck VandenBerg several times, prompting him to relent, saying, “All right, I give up.” Investigators rolled him over and handcuffed him. Reports say he was bleeding from his face, but what he told them is deleted.