DEA stalker won't get jail time

A Lee County man accused of stalking and threatening Drug Enforcement Agency agents who he thought were following him was sentenced to probation Monday after a psychiatrist testified the man needs therapy, medication and should steer clear of alcohol.

Eduardo Celso Llerena, 55, of Lehigh Acres suffers from alcoholism and major depression, psychiatrist Frederick Schaerf said during Llerena's sentencing hearing Monday in U.S. District Court in Fort Myers. However, he also suffers from delusional disorder — a condition that is so rare, less than 1 percent of the population has it, Schaerf said.

"Someone's either harassing you, or following you. ... He's moved three or four times thinking he could get away from it," Schaerf testified. "His condition is sort of a classical textbook case. It started 12 years ago with the arrest of a family member."

Llerena was accused of leaving threatening messages for agents he thought were following him, recorded on a DEA answering machine last year. During the six messages, Llerena gave agents his name, address and social security number in addition to calling the Fort Myers-based agents derogatory names.

He was arrested Sept. 20, 2005, by Fort Myers police after agents in the Fort Myers DEA office said they saw him in their parking lot, and appeared to be copying down license plate numbers on undercover cars. Then he blocked one agent's car, in its parking space, with three agents inside, police reports said.

Llerena

Llerena later was charged in federal court with one count of intimidating federal officers and one count of impeding/intimidating and interfering with federal officers while engaged in official duties. He pleaded guilty March 9 to impeding federal officers. The other charge was dropped Monday, as Llerena was sentenced to five years of probation.

"I truly apologize for the incident that took place," Llerena said in court Monday. "I was under great stress. My father died. I'll do whatever it takes to get this matter cleared up."

Schaerf, who visited with Llerena Jan. 6 and April 12, told U.S. District Judge John E. Steele that Llerena's existing depression, the death of his father and a friend, moving his mother into a nursing home and his divorce triggered Llerena's phone calls to the DEA office, and quest to track down the agents he believed were tailing his every move.

"He began self-medicating with alcohol," Schaerf said. "He really believes this is going on, but we explain to patients it's your brain playing tricks on you."

His delusions focus on the government, government agents and police, Schaerf explained. Which led Assistant U.S. Attorney Yolande Viacava to question Schaerf whether Llerena could handle a probation officer checking up on him, and knowing his every move. Llerena knows he has to, Schaerf said, recommending that LLerena undergo psychotherapy, take antidepressants and an antipsychotic medication, avoid alcohol and attend Alcoholics Anonymous meetings.

Prosecutors had recommended three years in prison, but Steele sentenced him to the five-year probation term, in addition to paying a $1,000 fine, receiving therapy, medications, alcoholism counseling and avoiding alcohol. Steele also ordered him to submit to searches of his home, car, and himself, undergo up to 104 drug and alcohol tests per year and surrender his concealed gun permit.

He was banned from all contact with DEA agents, including following them.

Viacava declined comment after the hearing.

Defense attorney Peter Ringsmuth told Steele that Llerena prevented agents from backing out of their parking space, and should receive probation.

"That was his crime. Impeding those officers from backing up. That is the extent of his expression," said Ringsmuth, who declined comment after the hearing.