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Buffalo man pleads guilty to cyberstalking the mother of his children

STAFF REPORTS

BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mark Bieniek, 45, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to cyberstalking. The charge carries a minimum penalty of one year in prison, a maximum of five years, and a $250,000 fine.

Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that the defendant and Victim 1 were once partners and had children together. On April 25, 2017, Victim 1 received an order of protection against Bieniek, prohibiting the defendant from communication with Victim 1, except as permitted by order of a family or supreme court.

Between January 25, 2018, and February 19, 2018, Bieniek resided in North Richland Hills, Texas, while Victim 1 resided in Erie County, NY. In violation of the order of protection during this period, the defendant sent several hundred electronic messages to Victim 1 with the intent to kill, injure, harass, intimidate, or cause substantial emotional distress to Victim 1 or to place Victim 1 in reasonable fear of the death of or serious injury to herself or her partner, Victim 2. Among the messages:

• “I got [Victim 2]..” “I may spend the rest of my life in prison. But it’ll be worth it…I can’t wait to see him…Texas has lots and lots of pawnshops”
• “Hi [Victim 2]! Looking forward to meeting you…My brother killed someone…so can I (expletive)”
• “I like the pictures you posted. I’m coming fir you [Victim 2]. Now I know exactly what you look like. I’ll see you soon.” “(Expletives) I’m going to murder your boyfriend while you watch.”
• Images of the defendant holding an object resembling a black pistol along with the message, “It’s time [Victim 1]. I’m going to let you make the decision.”
• Photos of the outside of Victim 1’s place of employment with the message, “I’m wondering…Are you planning on coming out?”
• “I am here and I will get you. Maybe tonight I’ll just torch the place or ill wait to see the looks on your faces.”
• “see i paid a lot to put this whole plan together and i sawed off the end of my attitude adjuster. i have patience. be sure to look over your shoulder mother fucker because there will be dead bodies when I’m thru. Starting with your face getting a few slugs.”
• “I have nothing left [Victim 1].  You took it all.  Idc what i have to do.  You will hear my cries.”  “I have two things i must do. Get you. No matter what. Then get myself.”
• “I know that you are alone and scared up there.”
• “I can feel the the hate for me.  I can smell your feae.”  “Fear.”
• “[Victim 2] you and [Victim 1] are going to die”, “Tomorrow”, “I promise you this sir”, “You are both dead”
• I SWEAR ON MY MOTHER CAROLS LAST BREATH IF SHE WERE TO ASK ME HER LAST DYING WISH TO NOT DO ANYTHING TO HURT OR SCARE YOU...LIKE SHE HAS BEFORE BUT YOU DONT CARE. IF SHE ASKED ME FOR THAT ONE LAST WISH BEFORE SHE TOOK HER LAST BREATH I'D LOOK HER IN HER EYES AND TELL HER I CANNOT CAN NOT GIVE YOU THIS WISH.

The defendant has a history of domestic violence-related conduct towards Victim 1. On December 17, 2011, he was arrested for assaulting, including choking and kicking, Victim 1 with intent to cause physical injury. As a result, Victim 1 feared death or serious injury to herself and Victim 2 and suffered substantial emotional distress.

The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Gary Loeffert, with assistance from the FBI in Fort Worth, Texas.

Sentencing is scheduled for January 28, 2019, at 12:30 p.m. before Judge Arcara.