A man accused of stalking a Buford woman from a Gwinnett County park no longer faces prosecution, according to court documents.
Hall County Chief Assistant District Attorney Wanda Vance presented the dismissal for Cornelio Lazarescue to Superior Court Judge Bonnie Oliver, and it was signed on Nov. 30.
Geoffrey Mack, of Buford, faced trial in November for shooting Lazarescue in the jaw and ankle on March 20, 2015, when Lazarescue was accused of stalking Mack’s wife Cheryl.
Geoffrey Mack was acquitted on charges of aggravated assault, aggravated battery and false imprisonment, but he was convicted on one count of reckless conduct.
“Based on the evidence that came out at trial, the State is not convinced it would be able to convict Mr. Lazarescue of stalking beyond a reasonable doubt,” according to the dismissal notice.
Cheryl Mack and Lazarescue had met at Little Mulberry Park weeks before the shooting incident on Maple Valley Drive. Lazarescue allegedly followed her home from the park.
“He testified at trial that he wanted to see where she lived because he liked her and wanted to bring her flowers,” according to the dismissal notice.
Mack’s attorney Clinton Teston did not return a call for comment Tuesday.
Geoffrey Mack and Lazarescue fought in the neighborhood cul-de-sac before Mack fired the gun twice.
Beyond concerns about proving the behavior was “harassing or intimidating,” the prosecution said it found some testimony wasn’t credible. One instance was Cheryl Mack saying Lazarescue spoke English to her.
A Romanian immigrant, the prosecutors found “in prepping (Lazarescue) for trial ... that he spoke and understood very little English.”
“This evidence would be important in showing a jury whether Mr. Lazarescue understood Cheryl’s statements to him and thus, whether his responses were for the purpose of harassing and intimidating her,” according to the dismissal notice.
At trial, Lazarescue demonstrated the injuries to his jaw and leg.
“There is no further punishment that the State should subject Mr. Lazarescue to over what has already been imposed by Mr. Mack as a result of the shooting,” according to the dismissal notice.