LACONIA — A local man has been arrested for the second time for allegedly stalking a teen-aged girl. He was convicted in 2015 of stalking the same girl in 2014.
Daniel Tusi, 52, of Oak Street, was arrested by Laconia Police on Oct. 25 for coming within 50 yards of the girl who is now in high school. He faces one count of felony stalking and is being held in the Belknap County House of Corrections on $10,000 bail. He also faces two counts of breach of bail.
Tusi was convicted of class A misdemeanor stalking in a bench trail in the 4th Circuit Court, Laconia Division in early 2015 and appealed the conviction to the Belknap County Superior Court where he was found guilty after a jury trial on Nov. of 2015. He was sentenced to serve 12 months in jail with all but three months of the sentence suspended. He was also ordered to complete a psycho-sexual evaluation and to stay away from the victim and her family.
He had been allowed to remain free on bail while he appealed his conviction to the N.H. Supreme Court.
According to court paper work, Tusi was driving in his car in July of 2014 and saw the girl who was 13 at the time. He slowed his car and stared at her. He drove away but returned from a different direction and repeated his act. He repeated his actions a week later after seeing her near her home.
Police confronted Tusi in September of 2014 and he denied knowing anything about following a young girl.
On Oct. 3, 2014 and while the victim was on the sidewalk near her home, Tusi drove by her, slowed almost to a stop and was within one foot of her. He speed off, turned around and drove back in her direction again nearly stopping about one foot from the child.
On Nov. 11, 2016 a three-member panel of Supreme Court judged upheld Tusi's 2015 conviction saying that the state had met its burden by proving that he engaged in reckless course of conduct to cause her to fear for her personal safety.
While the defense argued before the justices that there was nothing in the victim's behavior that revealed she felt scared, the court determined that the jury was "free to conclude that the fact that the police had been contacted about him was sufficient to inform him that there was a substantial and unjustifiable risk that the victim feared for her personal safety."
The justices also dismissed the defenses argument that Tusi's action could not "cause a reasonable person to fear for his or her physical well being" by saying that "a rational jury could infer that a victim in these circumstances would reasonably fear for his or her personal safety as a potential victim of being attacked or abducted by a stranger in a vehicle."
Laconia Prosecutor Jim Sawyer said that because of his first conviction in 2015, Tusi is being charged with a felony for his alleged actions in 2016.
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