The refusal of a man convicted of aggravated stalking to have no contact with his victim is the reason he will be serving the balance of his 15-year sentence in prison.
Joshua Stacy Fincher was in Jones County Superior Court July 11 facing charges of violation of the conditions of his probation. Fincher entered a guilty plea to charges of theft by taking and aggravated stalking Oct. 24, 2019, and received a sentence of 15 years with the first six in confinement. The remainder of the sentence was to be served on probation.
The defendant was in court again July 11 in reference to the violation of that probation. At the conclusion of the hearing, the balance of his sentence was revoked to confinement by Superior Court Judge Stephen Bradley. The end date of his sentence is May 12, 2034.
Assistant District Attorney Cara Fiore represented the state in the hearing, and Fincher was represented by public defender Tom O’Donnell.
The state called Jones County Sheriff’s Office Investigator Lt. Kenny Gleaton as its first and only witness. The investigator stated that he was familiar with Fincher from his previous cases and violations.
Gleaton said Fincher violated the no contact order of previous cases, which led to his current sentence for aggravated stalking. He said he was contacted by the victim in the case in May of 2024.
The investigator said he met with the victim, who gave him an envelope sent to her by Fincher, wanting her to be executor of his estate. The mailed documents violated the no contact conditions of his sentence.
Previous violations included Fincher calling the victim and being found on her property.
The state rested its case following Gleaton’s testimony.
Defense case
Fincher chose to testify in his own behalf and told the court he sent documents to the victim. When asked why he sent the documents, the defendant said it was because he expected to be released soon.
“It wasn’t sent as a threat or to harass her,” he said.
O’Donnell expressed concern at the timing of the hearing and why it took so long to come before the court.
In her closing, Fiore said Fincher has violated the no contact order numerous times, and he is charged in his third aggravated stalking case against the same victim.
“The victim is afraid he is going to kill her if he gets out. This behavior has been going on for eight years,” she said. “He just will not leave her alone.”
The prosecutor said the case was due to come to court in March, but Fincher refused the public defender. She said in May, the defendant asked for a public defender, which was the reason for the delay.
“The case law is clear; the contact did not have to be threatening,” Fiore said.
After hearing the testimony and arguments of the attorneys, Bradley said there was sufficient evidence of the violations. He sentenced Fincher to spend the balance of the sentence in confinement.
