Miley's Accused Stalker Skates Away From Felony Charges

Grand jury says not enough evidence to indict Mark McLeod on stalking charges; prosecutor will refile as misdemeanors

What's a guy gotta do to get indicted these days?

Apparently trailing a Hollywood starlet to her Georgia movie set (and getting arrested twice in the process), calling her his fiancée, telling officers she was communicating to him through secret messages sent through his television set, becoming a paid member of her online fansite, aggregating thousands of pictures and letters to the starlet on his computer and saving up for a diamond ring as the ultimate of symbol of their imagined love isn't cutting it.

Case in point: just yesterday, a Georgia grand jury refused to indict 53-year-old Mark McLeod on felony stalking charges, saying there was insufficient evidence to show he maliciously targeted Miley Cyrus.

Which isn't to say he won't face any fallout from his way creepy behavior.

Prosecutors are now moving the case to state court, where he will face a misdemeanor charges of criminal attempt to commit stalking and disorderly conduct. His original charge of felony obstruction of an officer will no longer be in play.

"These charges can't stand on land and can't swim in the water," McLeod's clearly folksy lawyer James Byrne said in court. "I challenge them to bring it in state court."

While McLeod remains in jail on $55,200 bond, his attorney has requested that the sum be lowered commensurate with the reduced charges.

"The grand jury showed some common sense, which no one else in this case seems to have, which is there's nothing to these charges," Byrne went on. "He didn't stalk anyone, he didn't threaten anyone. He acted strangely and that's why he's in jail."

Meanwhile, the Cyrus camp got some better news this week, when the same group of jurors indicted 22-year-old Sean Christian Mathis, an army airfield soldier, on charges of felony terroristic threats and misdemeanor disorderly conduct.

Last June, while in the presence of Cyrus' body double for The Last Song, Stephanie Vickers, Mathis said, "Hey, it's Miley Cyrus, I'm going to f---ing kill you."