Stalking Cases Go Both Ways for Miley Cyrus

Mark McLeod will remain in Chatham County prison after a grand jury refused to indict him on stalking tween sensation Miley Cyrus due to lack of sufficient evidence.

The 53-year-old unemployed plumber's assistant was arrested in August while Cyrus, 16, was on location in Tybee Island, Ga., filming the Disney feature The Last Song.

McLeod was previously denied bond twice and is being held for threatening Cyrus, criminal attempt to commit stalking, disorderly conduct, and resisting arrest. With insufficient evidence to present felony charges to the Superior Court, The DA's office will now present the case as a misdemeanor and is transferring the case to State Court for prosecution.

James Byrne represents McLeod and says his client never posed a threat and "the grand jury showed some common sense. He didn't stalk anyone, he didn't threaten anyone. He acted strangely, and that's why he's in jail."

McLeod's strange behavior included following Cyrus to her Georgia film set, telling officers the star communicates with him through his television, obtaining a paid position on her online fan-site, saving up for the purchase of a diamond ring and calling Cyrus his fiancée.

A bond has been set at $55,200 which Byrne believes is too high and more than his client can afford. He will ask the judge for a reduction when the misdemeanor charges are re-filed.

A second stalking case returned an indictment against Hunter Army Airfield soldier Sean Christian Mathis, 22.

Mathis also appeared on the film set in June and approached a person he thought was Cyrus, but was really her stunt double Stephanie Vickers, and allegedly threatened: "Hey, it's Miley Cyrus, I'm going to f**king kill you."

Mathis was charged with disorderly conduct and making terrorist threats.

The grand jury said Mathis "threatened to commit murder, a crime of violence, with the purpose of terrorizing Miley Cyrus."