Cedar Rapids man receives probation for stalking ex-girlfriend

CEDAR RAPIDS - A Cedar Rapids man received a suspended sentence and probation Thursday for stalking his ex-girlfriend, while waiting to be sentenced for a burglary charge, which involved the same victim.

Benjamin McCauley, 43, pleaded guilty in October to felony stalking. He stalked the woman from Nov. 11, 2014 through July 16 of this year, according to a criminal complaint.

McCauley threatened the woman with verbal and written threats, according to court records. He also showed up at various places she would go, at her home, and there were records showing he called, sent text messages and emails, to the woman during this time.

The woman was worried for her safety and for the safety of her child, Anastasia Wilson, victim/witness coordinator with the Linn County Attorney's Office, said after the hearing. In one of the messages or emails he said 'you are dead today” and in another message he told her he was going to show up where she worked.

Sixth Judicial District Chief Judge Patrick Grady sentenced McCauley to five years but suspended the sentence and ordered him to serve three years probation, in accordance with the plea agreement. He also will be placed at the Lary Nelson Center, a work release facility, for one year.

Assistant Linn County Attorney Jordan Schier, who was handling the sentencing for another assistant prosecutor, told the judge a pre-sentencing report recommended probation and the center for McCauley.

Tom Viner, McCauley's lawyer, said during the hearing that McCauley, who has a history of substance abuse, is now ready to receive treatment and will have that opportunity in Nelson.

Viner also asked Grady to consider releasing McCauley pending bed space at the Nelson Center but Grady denied the request based on McCauley's record, saying he was not a 'good risk.”

'I want you to be successful this time,” Grady said. 'As I understand it, you'll be on a short leash with the department (of corrections).”

McCauley apologized to the judge for being back in court.

He was previously convicted of second-degree burglary in May and received a 10 year suspended sentence and was sent to the Nelson Center, but was then charged with stalking while on release pending bed space at the center.