Clemency for Kathleen Rose Buis
Dear Governor Bush,
Naples, Florida court records and media reports tell the tragic story of Kathleen Buis who lived in constant terror of being harmed or killed by stalker Luis Torres after a short relationship with the 31 yr. old man.
Ms. Buis met Torres in 2000 when she was only 17 yrs old. Torres told the teen that he was only 23. Mr. Torres became obsessed and physically abusive to Kathleen and was intent on possessing, controlling and keeping her with him. The abuse quickly escalated out of control when Torres became extremely violent and abusive and threatened to kill Ms. Buis and her family members if she tried to end their relationship.
In February 2001, Kathleen escaped from Torres, called the police and filed charges. (see case# 01480) Torres was arrested and charged with assault with a deadly weapon, unlawful acts with certain minors and false imprisonment/kidnapping. It appears the Florida justice system broke down when Kathleen spent several months visiting her sister who lived out of state, in an attempt to recover emotionally and physically from the terrifying ordeal. Kathleen returned home to her family and all charges had been dismissed against Torres.
State prosecutors failed this young woman when they dropped all charges against Torres and he became a free man to again stalk, threaten and terrify Kathleen on a daily basis. This is a shameful display by the state of Florida when it comes to protecting victims of stalking. Kathleen again filed charges. (see case# 00118230)
On the morning of June 23rd, 2001 Kathleen’s friend Brian Macnicol and Torres had a confrontation where Torres made it clear he was going to continue to stalk Kathleen and kill her. Torres was known to carry a gun and had a warrant issued for his arrest.
In extreme fear and feeling totally helpless for their personal safety, the pair obtained a gun to protect themselves. For the next 24 hrs or so the two were constantly looking over their shoulders in fear, never knowing when Torres would jump out of nowhere and kill them. They lived every minute in deep paranoia, a normal reaction for anyone who had been stalked, threatened and attacked by a violent predator.
On June 24th. Torres had been watching and following Kathleen and Brian all morning when they observed Luis following them and they made an attempt to get his licence plate # for the police. Unfortunately, they ended up stopped at a traffic light next to Torres and words were exchanged. All their fears became a reality when Torres made threatening movements, Brien MacNicol shot Torres in what should have been a clear case of self defense. Kathleen Buis should have never been charged with any crime.
This case had a tragic and extremely disturbing end in 2004, when Kathleen, a young woman with no criminal history and no understanding of the legal system, agreed to take a plea of 3rd degree murder for a 7 year sentence versus two possible 15 yr sentences if found guilty at trial.
If Kathleen could have had a crystal ball and could have seen that at the very time of her plea, Florida Representative Dennis Baxley was preparing to sponsor bill (SB436) deemed “meet force with force” further enforcing the right of a Florida Citizen to defend themselves without having to retreat. Kathleen would have never spent one day in prison, and in fact would have never been charged with a crime.
The Florida measure that passed unanimously in the state Senate and was approved 94 to 20 in the state House says any person "has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm." Governor Bush, you were quoted many times in the media saying this new law was “a good, common-sense, anti-crime issue”.
This case is one that the Governor can feel good about when he signs the clemency request for Kathleen Buis because Florida Citizens and our goverment leaders strongly believe that we do have the right to defend ourselves when threatened with bodily harm.
Since her incarceration Kathleen has had many achievements, has taken all educational opportunities offered and has maintained a positive attitude. She has been placed in a leadership position, attained the highest level of the Phase III program(white hat) at the Hernando Correctional Inst. and is entrusted to do public works outside the prison. She intends to make the most of her life and hopes to become a nurse.
We look forward to your signature on Kathleen Buis’ request for clemency and applaud this great bill that will save countless citizens in the future.
Thank you and God Bless all.
firma la peticiónfirma la petición