Ben Chandler, Jr., and his female neighbor “had problems” with each other. His female neighbor, Ms. Lopez, then went to court and received a civil restraining order against Chandler. The two lived in the town of Lake Elsinore.

About four or five years later, Chandler drove up to Lopez’s house just as she was going inside. He yelled profanities at her and said he knew she was alone. The next day he drove by her and again said he knew she was alone. The very next day he again drove by her house, seeing her again and again yelled profanities at her. He then began walking up and down Lopez’s street, using profanity.

According to Lopez, she then started hearing odd noises at night. One time, a tennis ball bounced off her bedroom window. Another time, she claimed, someone pounded at her rear windows while she was asleep.

Another day, hundreds of nails were left on the street in front of Lopez’s house.

Deborah Alva, Lopez’s neighbor, also knew Chandler. Apparently, Alva and Chandler had a business dispute and were not friends. One day, while Alva was on her porch, Chandler walked up to the edge of Alva’s property, swinging a golf club, telling Alva he would kill her. Lopez witnessed this. Alva said, “bring it on!” Lopez, however, was so scared that she ran to the home of a male neighbor and then spent the night at Alva’s house.

In one further incident, just a day later, Chandler walked up to Lopez in her car and yelled “I’m going to kill you!” Lopez finally called the police and Chandler was arrested.

At trial, Alva testified that she was not scared of Chandler.

The Riverside County District Attorney charged Chandler with stalking (Penal Code