By Edward Marshall -- The Journal (Martinsburg, W.Va.)
MARTINSBURG -- A Winchester man accused of hanging fliers in public featuring nude photographs of his ex-girlfriend was arraigned Tuesday on five felony counts of displaying obscene matter to a minor and two counts of criminal invasion of privacy.
As of Tuesday, Frederick Kirby Garrett, 36, of Winchester, was being held at Eastern Regional Jail on $85,000 bail.
According to court records, on July 7, Martinsburg Police Department Patrolman A.J. Garcia was flagged down by the alleged victim. The woman told the officer that she had been getting harassing text messages from Garrett, her ex-boyfriend. She said about two weeks earlier, Garrett had also posted fliers with nude pictures of her in her neighborhood, records show.
The victim said she and Garrett had been dating for about seven months before he battered her and was later arrested for that incident. She said that sometime while they were dating, she found out that Garrett had taken a nude photograph of her with his cellphone without her knowledge or consent while she was sleeping. The photograph was taken in Garrett's office, the woman said.
She said Garrett's office building was also used as a sleeping area, which was out of public view. The victim told police she found out Garrett had the photograph a few months ago when he sent it to her cellphone. He allegedly told her "don't ever cross me," records show.
The victim said she told him to delete the photograph and believed that he had. On the evening after she was battered, the victim said she received a text message from Garrett with the same photograph. She also received a text message that said "1000 of these will cover the city by sunrise," records show.
Garcia was shown both of those items on the victim's cellphone and the victim also provided the officer with a printout of the text message with the photograph.
The victim said that the day after she was battered by Garrett, but prior to his arrest, her 16-year-old daughter had found five of the fliers containing the nude photographs of her. The photographs were found in the victim's apartment building, as well as in various locations on a street in Martinsburg. The fliers included four photographs. Two of them were the same photograph that was taken without the victim's consent and two others were nude photographs that were taken with the victim's consent.
Each of the fliers also contained a different assortment of the victim's personal information written in blue ink. One of the messages also contained what police believe was an obvious message to the victim.
"Don't mess with me, and I won't mess with you. We have 1,975 more of these left," the message, written in capital letters, read.
The victim was unaware to whom "we" might have been referring, records show.
The fliers were placed in public view and some were placed only two blocks away from an elementary school with an open playground that is frequented by children. The street is also commonly used by citizens, including minors.
"The fliers were displayed to be viewed by the general public with the obvious intent of publicly embarrassing (the victim). The photographs are also obviously prurient and sexual in nature," a copy of the criminal complaint contained in the warrant for Garrett's arrest states.
If convicted, Garrett faces up to five years in prison and a $25,000 fine on each count of displaying obscene matter to a minor. He faces up to a year in jail and fine of up to $5,000 on each count of criminal invasion of privacy.