Walworth County judge gives stalker 90 days in jail
Photo 
David Duvair
JANESVILLE — A Whitewater man accused of sending threatening letters to the woman who lived downstairs from him will spend 90 days in jail, a Walworth County Judge ruled Wednesday.
David Duvair, 49, in April pleaded not guilty by reason of mental disease or defect to one felony count of stalking and two misdemeanor counts of disorderly conduct.
But Duvair on Wednesday pleaded guilty to the stalking charge, and the disorderly conduct charges were dismissed but read into the court record. He was sentenced to 90 days in jail with work-release privileges and three years probation.
Duvair is accused of sending a threatening letters to the woman in April 2009. He said he wanted to stab her with a butcher knife so he could be sent to prison and be raped by male inmates. He also asked to meet her.
The woman called Whitewater police, and a detective asked her to agree to meet the man who sent the letter.
The woman posted a specifically worded note on a bulletin board above her mailbox as the man requested in the letter. The woman noticed the note was gone two days later, and she told police she was scared.
Duvair is accused of sending a second threatening letter to the woman in June 2009. He thanked her for answering his first letter and said he still might need to stab her so he could be sodomized in prison.
Police dusted the letters for fingerprints but found none. They were stumped.
A detective in March came across notes from another officer about an encounter with Duvair in another case. The detective noticed the thoughts expressed by Duvair in the other case were similar to those expressed by the letter writer in the stalking case.
Duvair confessed to the crime. He said he wore gloves, typed the letters on a typewriter and used self-adhesive envelopes and stamps so he wouldn't leave any DNA evidence.
Duvair told police he "has fantasies of stabbing women and then becomes aroused thinking of those women thinking about him being raped in prison."
Aug 17, 2010 at 3:37 p.m.
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They only way to get the guy in a mental health facility is to do a mental commitment rather than charge him with a crime. If the prosecutor thought sitting in jail would do him more good than getting treatment and maybe becoming less dangerous, well, I guess that's their call.
The judge can't sentence someone to do time in a mental health facility.
Aug 14, 2010 at 1:13 a.m.
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Well I found it myself on CCAP...it's James L. Carlson. I don't live or vote in Walworth County, but the voters there may want to know the judge's name....
Aug 14, 2010 at 1:09 a.m.
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I read this article 3 times. I don't see where the judge is named. We need to know who is locking up dangerous stalkers for 3 months and then releasing them to the streets. (Yes, I understand he will still be on probation, but that's about as much protection as the piece of paper of a restraining order...)
3 months is about enough time to give someone the opportunity to really come up with a better plan. it's not quite enough time to also allow the plan to fall apart. what logic of the judge.... disgusting!
Aug 13, 2010 at 9:16 p.m.
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God help every woman out there!
Aug 13, 2010 at 10:06 a.m.
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No, it isn't just you doc. This is one incredibly disturbed dude. Ninety days in jail and three years probation isn't going to fix him. It won't surprise me on bit if someday he acts on his sick fantasies. Unfortunately it's very likely society hasn't heard the last of him.
Aug 12, 2010 at 10:41 p.m.
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As a victim of a stalker who is lucky to be alive, I can say with much regret until something catastrophic happens this nutjob will walk and come out worse after 90 days.
Saddle up, open carry.
Aug 12, 2010 at 9:08 p.m.
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David Duvair, 49, in April pleaded not guilty by reason of mental disease or defect to one felony count of stalking and two misdemeanor counts of disorderly conduct.
I have to ask why he was not put in a mental facility instead of Walworth County Huber Dorm, it looks like the system is all set to fail once again. Wouldn't be appropriate if the judge in this case could be charged with being an accessory to whatever crime this man commits once he is released?
Aug 12, 2010 at 9:02 p.m.
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90 days, wow is it just me or do you think this won't be the last time we read about this sicko? I would not be surprised one bit if we are reading about this guy trying to kill this woman or another woman in the next 6 months..... This man is sick, yet he is very elusive in the way he has already went about this. He knew how to not be caught, Duvair confessed to the crime. He said he wore gloves, typed the letters on a typewriter and used self-adhesive envelopes and stamps so he wouldn't leave any DNA evidence.
Duvair told police he "has fantasies of stabbing women and then becomes aroused thinking of those women thinking about him being raped in prison." This is obviously a very sick man and 90 days in jail (not prison) with work release is a joke! He will act on his fantasies you wait, we'll get to read about this psycopath and I believe the story will not have a happy ending.....
Aug 12, 2010 at 5:46 p.m.
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What a sick, sick "man". Is it just me, or does 90 days just not seem like enough? I understand he hadn't actually commited any violent crimes yet, but he admitted that he had the intention to do so. Also, he admitted that jail is in fact what he wanted. Maybe a longer commitment in a mental health facility would make far more sense? Pretty sure cases like this are a great example as to why the correction facilities in this country are so over populated...
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