The government strongly recommended that Zachariah James Garner, 32, Baxter Springs, Kansas, be held without bond while awaiting trial on two counts of interstate stalking and one count of interstate violation of a protection order.
Garner made light of arrests by the Joplin Police Department for stalking the woman, claiming he would be out in 24 hours if he was arrested and told officers he used heroin, methamphetamine and fentanyl and that he wanted to protect the woman from his gang associates in the Universal Aryan Brotherhood.
Garner has been held in the Greene County Jail without bond. His detention hearing is scheduled for 10:30 a.m. August 3 in Springfield.
The government's reasons for wanting Garner to remain behind bars were spelled out in the motion:
On March 30, 2020, A.G., obtained an ex parte order of protection from the Circuit Court of Jasper County, Missouri, case number 20AP-PN00303. The order was served on the defendant on March 30, 2020.
Subsequent to March 31, 2020, A.G. made dozens of reports with the Joplin, Missouri, Police Department, regarding the defendant’s threats, contact, and continued violation of the order of protection.
A.G. reported that the defendant was leaving her letters, driving by her residence, attempting to contact her through friends, and repeatedly calling and/or messaging her.
On April 7, 2020, Joplin Police Officer Chris Dunning spoke with the defendant on the telephone and told him to leave A.G. alone. The defendant stated he understood and said he would make sure this did not happen again. However, the defendant continued his behavior, and the defendant began using applications that provided anonymous telephone numbers when calling A.G.
The defendant also continued to drive by A.G.’s residence. One example, on April 14, 2020, A.G. reported to JPD Officer Katherine Ivie that she received a text message from the defendant with an attached image of a GPS screen shot. The message stated that the defendant was going to be at her house shortly.
The GPS image was attached to a text message which stated, “If u won’t answer then I guess I’ll just head on over that way see ya in a bit it’s only 24 hrs in jail then at it again I guess.”
A.G. reported she had received 22 telephone calls that day from the defendant and received an eight-page letter from him the previous day. A.G. also reported that the defendant had attempted to run her off the road. A.G. repeatedly told law enforcement she was scared for her life. A.G. also told law enforcement that the defendant’s behavior was “like the murder suicide stories you hear about.”
On May 6, 2020, the defendant was arrested during a traffic stop in Joplin, Missouri. On May 7, 2020, FBI Task Force Officer (TFO) Charles Root conducted a post-Miranda interview with the defendant. The defendant stated he lived with his parents at their residence in Cherokee County, Kansas, and he was unemployed.
The defendant advised he was aware there was an active order against him. The defendant also admitted to using several different types of illegal substances, such as methamphetamine, heroin, and fentanyl.
During the interview, the defendant admitted to repeatedly violating the order of protection. The defendant also indicated he was trying to “protect” his family from people he associates with. When pressed on this issue, he said the subjects are gang related and associated with the Universal Aryan Brotherhood, otherwise known as the “UAB.” The defendant also admitted to using multiple third-party cellular telephone applications to attempt to conceal his identity while messaging his wife and others.
On May 12, 2020, Homeland Security Investigations (HSI) TFO Larry Roller finished his extraction of A.G.’s cellular phone. TFO Root reviewed the data and confirmed there were hundreds of messages from the defendant to A.G.. Many messages were threatening and many others demanded A.G. speak with him. For example, on March 29, 2020, at 9:31 p.m. The defendant stated, "I pray nothing ever happens to you but the world is a dark and unforgiving place these days.”
On April 13, 2020, at 3:22 a.m. The defendant wrote, “it ends now A.G. face me and finish this now U got 10mins.” This message has an attached image of what appears to be a male hand holding a key.
On May 14, 2020, TFO Roller finished the examination of the defendant’s device. TFO root reviewed the data and located numerous messages to A.G. The examination included seven image files. Four of the images are the same image. This image depicts A.G. wearing a see-through bra. The message associated with the image included a message stating, “How’s (your workplace's) policy on porn?” dated March 30, 2020.
A.G. had reported that the defendant had threatened to send explicit images of her to her employer and others. Two of the other images located on the defendant’s phone depicted a close up of a light green handled semiautomatic handgun. One of the images depicted the firearm in a holster, with what appears to be an adult male hand, touching the handgrip. The last image is a close up image of the defendant’s Missouri driver’s license.
The examination included one bookmarked video. The video is three seconds in length and depicts the same firearm previously described above. The firearm is observed sitting on what appears to be cloth material.
In relation to the history and characteristics of the defendant, the defendant committed the instant offense while under court orders in an active order of protection. The defendant continued to violate the order even after the state continued to file charges against the defendant for violating the order of protection:
On April 15, 2020, he defendant was charges with three counts of violation of an order of protection for conduct occurring on March 31, 2020, April 5, 2020, and April 14, 2020, in Jasper County Circuit Court case number 20AOCR00440.
On April 27, 2020, he defendant was charges with three counts of violation of an order of protection for conduct occurring on April 19, 2020, April 21, 2020, and April 21, 2020, in Jasper County Circuit Court case number 20AOCR00473.
On May 6, 2020, he defendant was charges with two counts of violation of an order of protection for conduct occurring on April 28, 2020, and April 29, 2020, in Jasper County Circuit Court case number 20AO-CR00507; and 4.
On May 6, 2020, he defendant was charges with two counts of violation of an order of protection for conduct occurring on May 1, 2020, and May 1, 2020, in Jasper County Circuit Court case number 20AO-CR00508.
This behavior clearly demonstrates that the defendant has little regard for not only conditions placed upon him by the court, but also the law. Furthermore, the defendant noted his involvement with the UAB during his interview with TFO Root.