Appling man pleads guilty, sentenced in Miley Cyrus case
By Jan Skutch | Morris News Service
Friday, Oct. 30, 2009 5:43 a.m.
Updated: Friday, October 30, 2009 3:43 p.m.

SAVANNAH, Ga. — A Columbia County man pleaded guilty today to obstruction of police and disorderly conduct in return of a 2-year probationary sentence stemming from a June incident involving 16-year-old singer/actress Miley Cyrus on nearby Tybee Island.

Mark Owen McLeod, 53, of Appling, was sentenced to 24 months on probation, with mental health treatment, and was also banished from Chatham County.

He also was ordered to stay away from Miss Cyrus in a civil temporary restraining order.

As part of his sentence, Chatham County State Court Chief Judge H. Gregory Fowler also ordered Mr. McLeod to report Thursday to AmericanWorks in Augusta for an assessment for mental health treatment. If that assessment determines no follow-up is needed Judge Fowler said it’s fine – if it is determined Mr. McLeod needs treatment he needs to do as ordered Judge Fowler said.

The judge also ordered Mr. McLeod banned from using computers during probation and rejected the defendant’s request that his hard drives be removed and his computer returned.

Chatham County District Attorney Larry Chisolm, in a statement this morning, called the plea “a fair and just resolution to a difficult situation.’’

“While on the one hand we had a problematic defendant, we did not have very clear violations of the law of the State of Georgia in connection with more serious charges,’’ he said.

The plea agreement both considered the safety of Miss Cyrus and local citizens but also “not overreacting because of the celebrity involved,’’ Mr. Chisolm said.

He noted the charges in the case originally were misdemeanors, not felonies, and that no actual injury or evidence of substantial evidence of potential harm to the officers.

In addition, neither Miss Cyrus nor her family knew of Mr. McLeod previously.

And, Mr. Chisolm said, efforts by Tybee Island police “will assist Cyrus in having the defendant arrested for a felon, on sight, if he follows her to mostly any state in the country,’’ Mr. Chisolm said.

Defense attorney James Byrnes called the plea-agreement “a good resolution.’’

He said prosecutor. Roxanne Formey approached him with the plea Thursday.

“I’m glad the Chatham County District Attorney’s office presented this to us and we were able to resolve it in this manner,’’ Mr. Byrnes said.

He called the mental-health treatment piece the key.

“We wanted that all along,’’ he said.

Mr. McLeod has remained in the Chatham County jail since his arrest in August. He was expected to be released by midday today, Mr. Byrnes said.

Charges against Mr. McLeod, stemmed from conduct during the filming of Disney’s The Last Song on Tybee Island in June and August.

Mr. Chisolm elected to prosecute the case on the misdemeanor charges in State Court after the Chatham County grand jury Wednesday rejected a felony charge of obstruction of police officer because of insufficient evidence.

A charge of attempted stalking of Miss Cyrus on Aug. 2 was not being prosecuted by the district attorney office, Judge Fowler explained to the defendant.

The charges involved in today’s pleas stem from a June 22 incident in which Mr. McLeod resisted Tybee police after he was arrested and charged with disorderly conduct.

During the disorderly conduct, Ms. Formey told Judge Fowler that Mr. McLeod told police “no one could tell him to stop talking to Miley.” And began pulling away from police.

“They would be married,” Ms. Formey said Mr. McLeod told the officers.

Mr. McLeod attempted to head butt one of the officers, she said.

Law enforcement officials in Columbia County told Cyrus security officials Mr. McLeod had threatened the star and he was arrested on a Tybee Island warrant

From the Friday, Oct. 30, 2009 online edition of The Augusta Chronicle
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