CONSIDERED ON BRIEFS MARCH 22, 2017
FROM THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
BROOKINGS COUNTY, SOUTH DAKOTA THE HONORABLE VINCENT A. FOLEY
H. LINDE of Schaffer Law Office, Prof. LLC Attorneys for
petitioner and appellee.
BENJAMIN L. KLEINJAN of Helsper, McCarty & Rasmussen, PC
Attorneys for respondent and appellant.
Sean Doremus filed a petition requesting a stalking
protection order against Corey Morrow. The circuit court
conducted an evidentiary hearing, found that Morrow engaged
in stalking, and granted the petition. Morrow appeals. We
and Procedural History
Doremus, a deputy sheriff in Brookings County, filed a
petition and affidavit requesting a stalking protection order
against Morrow. As is relevant here, Doremus alleged that
Morrow: "Willfully, maliciously, and repeatedly followed
me"; and "Harassed me by pursuing a knowing and
willful course of conduct which seriously alarms, annoys, or
harasses me with no legitimate purpose." The circuit
court issued a temporary protection order and scheduled a
Only Doremus and Morrow appeared at the hearing. Doremus
appeared pro se, and Morrow appeared with counsel. Doremus
testified that there were three incidents giving rise to his
request for a protection order. The first incident occurred
in the early morning hours of June 10, 2016. On that
occasion, Doremus was assisting the Brookings Police
Department in locating the driver of a vehicle who had been
in an accident and was eluding law enforcement. While Doremus
and other officers were waiting in the area near the accident
to see if the driver would return, Morrow drove up but turned
around when he saw the police vehicles. Doremus then
initiated an investigatory stop of Morrow's vehicle.
Although Morrow did not appear to be under the influence of
alcohol, Doremus believed that Morrow was under the influence
of drugs. Doremus arrested Morrow for driving under the
influence and required that he take a blood test.
During the course of the blood draw, Morrow made statements
to Doremus that caused him concern. Doremus testified that
the way Morrow "word[ed] things and the manner he [did]
so . . . [came] across as a threat, " made "things
very uncomfortable, " and "instill[ed] fear."
[Morrow] stated that when we were done with this whole thing
that he would find me, that we would have a conversation. He
was very methodical in how he worded things in the aspect
that he pushes the borderline of threatening law enforcement,
but pulls it back and just puts a smile on and will-like I
said, he'll state that we're going to have a
conversation and when you ask him to go in depth he'll
say: Don't worry about it, we're just going to have a
little conversation, things along those lines.
that morning, Doremus was driving near the jail just after
Morrow was released on bond. Morrow blocked the road and demanded that
Doremus give him a ride home or else he would cause problems
for the police department. However, Morrow ran off when
another deputy arrived.
The second incident occurred approximately two months later.
On this occasion, Doremus, who was off duty, encountered
Morrow at a grocery store. Doremus testified that Morrow
stared at him, walked up very close, and always stayed within
one aisle of him while they were in the store. Later, when
Doremus was putting groceries in his car, Morrow drove up
behind Doremus and said that he knew Doremus from somewhere
and that it was "not good." Doremus testified that
Morrow then smiled and took a picture of Doremus putting his
groceries in his car. Morrow also took a picture of
Doremus's license plate. As Doremus left the parking lot,
he observed that Morrow had parked in a parking lot across
the street. Doremus testified that Morrow appeared to be
waiting for Doremus as he left. After this incident, Doremus
filed a harassment report with the Brookings Police
The third incident occurred a few days later at 2:15 a.m.
While Doremus was on patrol. Morrow drove up next to Doremus
at a red light and was again staring at Doremus. When the
light turned green, Doremus proceeded straight, and Morrow
turned south. After driving his patrol vehicle for
approximately thirteen blocks, Doremus initiated an unrelated
traffic stop and radioed his location to the dispatcher.
Shortly thereafter, he observed Morrow's vehicle park two
blocks north of the traffic stop. Morrow got out of his
vehicle and began walking toward Doremus. Doremus then
radioed for other officers to assist him. Right after Doremus
radioed for assistance, Morrow ...