Teens in cyberstalking case told to play nice

BAYBORO — Two Pamlico County teens accused of cyberstalking have the opportunity to have their charges dismissed.

Matthew L. Nanney and Tony R. Bloomberg, both 18, were charged with cyberstalking after they made a profile on Facebook, a social networking website, to look as if it belonged to Pamlico County High School’s interim principal.

Both were charged with cyberstalking after the Facebook profile was created on Feb. 18 for interim principal June Zurface. Zurface testified in mid-August in Pamlico County District Court that she was embarrassed and that her feelings were hurt.

The two students, both graduated now, had defense lawyers who argued that there was insufficient evidence to show that Nanney and Bloomberg were purposefully trying to annoy, harass or embarrass Zurface.

The state cyberstalking statute reads that it is unlawful to “electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.”

District Court Judge Walter Mills, in his decision Friday, looked at the two as they stood before him and told them he realized it had been a long case for them.

“Both of you were less than 18 years old at the time. You two have no criminal record. I am certain you have learned lessons from this. You will understand the importance of reputations when you are older,” Mills told them.

Mills said he would continue the case for six months.

That continuance came with several caveats. Mills ordered the two to write letters of apology to Zurface. Mills told them to tell her of the lessons that both of them have learned. And they were ordered to perform 48 hours of community service and pay the cost of the service.

The judge told them if all of the orders are in compliance (and Mills wants copies of it all), he will dismiss the case in six months.

Mills said he thought the state legislature had created a broad statute. “It could be challenged some day,” he said.

Both teens are working, one at an oil company and one at a grocery store.

Lawyer Tom Wilson, who represented Bloomberg, argued earlier this month that there was “nothing repeated” about what his client did. He said Bloomberg made one post on the website and added background information to the profile.

He said Bloomberg posted that Zurface “just finished eating a hotdog.”

He said he did not see how that would embarrass, harass or annoy her in any way.

The Bayboro attorney representing Nanney, Paul Delamar III, also said he believes the state failed to prove that the two’s purpose was to embarrass Zurface. Delamar said it is a reasonable alternative that the postings were criticism of Zurface, whom he said is a public official, and that the postings are then protected speech under the First Amendment.

Zurface is now an employee with the Beaufort County school system.

Francine Sawyer can be reached at 252-635-5671 or at fsawyer@freedomenc.com.