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Convicted stalker jailed again
A year after his release from prison, a Golden Gate man stalked a woman and also sent her flowers and repeated text messages
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In December 2006, Smith Joseph of Golden Gate was sentenced to 20 months in a state prison for stalking a woman four years earlier.
This February, a year after his release from prison, Joseph was arrested on charges he stalked a former neighbor for three months by sending the 26-year-old Golden Gate woman text messages, joining her gym and showing up at her place of employment after she repeatedly refused to date him.
Joseph, of 4631 17th Ave. S.W., also sent the woman numerous text messages. The last one read: “I know you are contacting the police and I don’t care, it would be worth going to jail.”
Last week, he got his wish.
A Collier County jury convicted him of stalking and he also pleaded no contest to violating an order of protection. At his sentencing Thursday, Collier Court Judge Mike Carr called him despicable. He imposed the maximum for the first-degree misdemeanor stalking charge.
“The woman’s lucky she’s all in one piece,” Carr said afterward. “The guy is a real time bomb waiting to go off. ... People need to understand we take these threats seriously.”
“The system worked, he was arrested and she’s safe,” Carr said, praising the woman for testifying against Joseph.
Carr sentenced him to a year in county jail on the stalking charge and a consecutive six-month term for marijuana possession involving drugs deputies found in his jacket. In addition, Carr sentenced him to a year of supervised probation for violating a domestic violence order of protection and ordered him to undergo a psychological examination and random Breathalyzer and urinalysis tests.
The case was prosecuted by assistant state attorneys James Stewart and Erik Leontiev and Joseph was represented by Assistant Public Defender Amy Shirvanipour.
The victim, who was traumatized and granted a permanent order of protection in January, declined comment about the case Thursday.
Collier County Sheriff’s arrest reports call Joseph a career criminal. Court records show he’s been arrested on charges of lewd and lascivious indecent assault on a child under 16, two felony counts of resisting arrest, battery, trespassing, and for violating house arrest and probation.
In February, the victim, who was “scared and upset,” told sheriff’s investigators that Smith, who used to live with her neighbor in Whistler’s Green, had continued harassing her while free on bond for violating her order of protection. In January, she’d reported he’d been harassing her for three months, prompting his arrest on Jan. 3. He posted $55,000 bond four days later on charges that included a felony count of habitually driving on a revoked or suspended license.
Arrest reports provide the following account:
After the woman repeatedly refused to date him, Smith obtained a membership to her health club, Gold’s Gym, “so he could see her.” He asked to speak to her, but she pointed to cameras in the lobby and asked him to leave and to never come back.
He also stopped by a children’s gymnastics center where she works. She told him to leave and to never come back, but he returned about 10 more times.
She called him and told him to leave her alone and to stop harassing her. As a result, he got her phone number and repeatedly sent her text messages. He also sent flowers to the gymnastic center and when she returned from vacation, he sent her a text message welcoming her back and saying he’d missed her.
Each day, as she left work, he wrote, “Have a nice day.” On Feb. 6, he arrived at the gymnastics center again. “Are you serious?” she asked. “You need to leave right now.”
“No,” he said, reaching into his jacket to grab something before fleeing. The woman and other witnesses told deputies he appeared very angry.
A day after the woman filed a report, she called deputies to say he’d arrived there again. Deputies tracked down his pickup truck and when they searched him after his arrest, they found a folded up piece of paper in his pocket that contained marijuana. As they pulled it out, Joseph said, “Oh, sh—.” In addition to the stalking and marijuana charges, he was charged with habitually driving while his license was suspended or revoked.
After he was released from jail on bond, he was jailed, but posted bond five days later and arrived at the gymnastics center on Feb. 6. He told an employee he was checking up on his daughter, but he had no children who were members there. “Are you serious?” the woman asked when she saw him. “You need to leave right now.”
Deputies went to his apartment and he was taken to jail for violating the order of protection. Five days later, the state attorney’s office filed a notice of information, declining to prosecute the felony traffic charge.







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Wow, how desperate can you be? He'll be back at it when he gets out in a year.
#1 Posted by MIAbrat on May 16, 2008 at 7:31 a.m. (Suggest removal)
there should be a picture with this story!!
#2 Posted by SDW on May 16, 2008 at 7:52 a.m. (Suggest removal)
http://apps2.colliergov.net/CCSO/apps...
Open this link and scroll down and you should see his picture. Can't believe after reading this whole article that he got a year and a half. Lewd acts on children under 16? Now he's stalking women? He needs more time away than that!!!
#3 Posted by FLBUTTERFLY1026 on May 16, 2008 at 8:13 a.m. (Suggest removal)
the link I posted did not post entirely. It is
www.colliersheriff.org then click on Arrest Log, then todays date. Hope it helps!
#4 Posted by FLBUTTERFLY1026 on May 16, 2008 at 8:15 a.m. (Suggest removal)
This career criminal is a sicko.
#5 Posted by CaptKidd on May 16, 2008 at 8:17 a.m. (Suggest removal)
He was arrested last week so in order to see his arrest picture you would have to know the date he was arrested. Sorry for the error.
#6 Posted by FLBUTTERFLY1026 on May 16, 2008 at 8:19 a.m. (Suggest removal)
just a typical naples resident-PHYCOTIC....
#7 Posted by ncb1978 on May 16, 2008 at 9:38 a.m. (Suggest removal)
18 months in jail? This habitual offender knows nothing but crime! He needs to be put away for good!
Here are his priors:
JOSEPH, SMITH DEFENDANT 02/11/1973 9104725TM 09/23/1991 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudicated Guilty
2 948.06 VIOLATION OF PROBATION Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 02/11/1973 9105397TM 10/24/1991 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudicated Guilty
2 948.06 VIOLATION OF PROBATION Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 02/11/1973 9104144MMA 10/25/1991 CLOSED MISDEMEANOR
1 843.02 RESIST/OBSTRUCT WITHOUT VIOLENCE Adjudicated Guilty
JOSEPH, SMITH ALSO KNOWN AS 1973 9200450CFA 03/20/1992 CLOSED FELONY
1 800.04 LEWD LASCIVIOUS ASSAULT/ACT Adjudicated Guilty
2 827.04 3 CONTRIB/DELINQ/MINOR Dismissed
3 948.06 VIOLATION OF PROBATION Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 02/11/1973 9208738MMA 11/02/1992 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudication Withheld
JOSEPH, SMITH DEFENDANT 02/11/1973 9409145MMA 10/24/1994 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudicated Guilty
2 320.261 ATTACH TAG/STICKER NOT ASSIGNED Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 02/11/1973 9506248MMA 07/13/1995 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 9600993CC 06/19/1996 DISPOSED BY DEFAULT TENANT EVICTION
JOSEPH, SMITH ALSO KNOWN AS 1973 9604022MMA 05/13/1996 CLOSED CRIMINAL TRAFFIC
1 322.34 DWLSR Adjudicated Guilty
2 320.261 ATTACH TAG/STICKER NOT ASSIGNED Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 9800391CC 03/17/1998 DISPOSED BY DEFAULT TENANT EVICTION
JOSEPH, SMITH PLAINTIFF 1973 0001793CA 05/23/2000 DISPOSED BY JUDGE SIMPLE DISSOLUTION OF MARRIAGE
JOSEPH, SMITH DEFENDANT 02/11/1973 0003747MMA 04/17/2000 CLOSED MISDEMEANOR
1 784.03 1A1 BATTERY Adjudicated Guilty
2 810.08 TRESPASS OCCUPIED STRUCTURE/CONVEYANCE Adjudication Withheld
3 948.06 VIOLATION OF PROBATION Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 02/11/1973 0101825MMA 02/13/2001 CLOSED MISDEMEANOR
1 784.03 1A1 BATTERY Adjudicated Guilty
2 810.08 2A TRESPASS STRUCTURE OR CONVEYANCE Adjudicated Guilty
3 948.06 VIOLATION OF PROBATION Adjudicated Guilty
JOSEPH, SMITH DEFENDANT 0201161CC 07/23/2002 DISPOSED BY DEFAULT TENANT EVICTION
JOSEPH, SMITH DEFENDANT 02/11/1973 0202075CFA 09/03/2002 CLOSED FELONY
1 784.048 3 AGGRAVATED STALKING Adjudicated Guilty
2 948.06 VIOLATION OF COMMUNITY CONTROL Adjudicated Guilty
3 948.06 VIOLATION OF PROBATION Adjudicated Guilty
cont'd.
#8 Posted by What_Say_You on May 16, 2008 at 11:09 a.m. (Suggest removal)
cont'd.
JOSEPH, SMITH DEFENDANT 02/11/1973 0203012CFA 12/18/2002 CLOSED FELONY
1 893.13 6A DRUGS-FELONY POSSESSION Dropped/Abandoned
2 893.13 6B DRUGS-POSSESS < 20 GRAMS CANNABIS Dropped/Abandoned
3 893.147 1 USE/POSSESS DRUG PARAPHERNALIA Dropped/Abandoned
JOSEPH, SMITH DEFENDANT 02/11/1973 0800062CFA 01/04/2008 CLOSED FELONY
1 322.34 5 DRIVE WHILE LICENSE REVOKED HABITUAL Dropped/Abandoned
JOSEPH, SMITH DEFENDANT 02/11/1973 0800064MMA 01/04/2008 CLOSED MISDEMEANOR
1 322.34 5 DRIVE WHILE LICENSE REVOKED HABITUAL Dropped/Abandoned
JOSEPH, SMITH DEFENDANT 02/11/1973 0800479MMA 02/07/2008 CLOSED MISDEMEANOR
1 741.31 4A VIOLATION INJUNCTION DOMESTIC VIOLENCE Adjudicated Guilty
#9 Posted by What_Say_You on May 16, 2008 at 11:10 a.m. (Suggest removal)
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