July 12, 2000

It's an unusual case of domestic violence that has a woman fearing for her family's life. And police suspect the phone company may be inadvertently helping him keep track of their whereabouts.

News Specialist Stacey Butler explains.

Charles Diviney is wanted by police. In fact, he is on the top ten list of the Domestic Violence Unit's Most Wanted in Salt Lake County. Police say he brutally attacked his wife and they fear he'll do it again using simple phone technology to track her down.

Beaten, threatened and hiding out--- Debra Diviney lives in fear. She says her estranged husband, Charles Diviney, had been stalking her for a month and even went as far as to spy on her and build additional doors into the home for easy access in and out.

What she discovered prompted her to move.

Debra Diviney/Victim"I FELT LIKE IT WOULD BE EASIER FOR HIM TO BREAK INTO THIS HOUSE, HE'S BUILT DOORWAYS, EXITWAYS, HIDING PLACES."

Stacey Butler/Eyewitness News: "SECRET HIDING PLACES LIKE THIS ONE. FAMILY MEMBERS SAY HE BUILT IT IN THE GARAGE AFTER THE FIRST PROTECTIVE ORDER WAS FILED AGAINST HIM TO HIDE FROM POLICE AND UNSUSPECTING FAMILY MEMBERS. "

Debra Diviney: "I HAD BEEN LIVING IN FEAR FOR SO LONG BUT I DIDN'T REALIZE JUST HOW MUCH DANGER I HAVE BEEN IN -MY SONS HAVE BEEN IN."

But even when she moved into her son's apartment she still wasn't safe.

Police say one night Diviney waited for her in the parking lot and beat her with a tire iron as she walked from her car.

Det. Alex Churchich/Salt Lake County Sheriff's Dept.: "HE HAS A PAST HISTORY OF ASSAULT ON POLICE OFFICERS AND ALSO OF BEING ARMED. SO WE CONSIDER HIM ARMED AND DANGEROUS."

Debra called U.S. West where she and her husband shared an account. She told the operator she had a protective order against him and to deny him access to the account. She thought she was protected, but later learned he was forwarding all of her calls to his cell phone and was able to track down where she was and when.

Charles Diviney III/Victim's son: "HE WAS LITERALLY WAITING BECAUSE HE KNEW SHE WAS ON HER WAY HOME FROM THE CALLS."

Police say two days ago Charles Diviney and his tire iron were back. They say he broke into her son's apartment and attacked Debra and her son.

Debra again asked U.S. West to stop his call forwarding and stop handing out her new numbers.

Debra Diviney/Victim: "THEY TOLD ME HE WOULD HAVE TO STATE THE NAME TO GET ANY INFORMATION. BUT EACH OF THE THREE TIMES THEY GAVE HIM MY NEW PHONE NUMBER AND KEPT THE CALL FORWARDING ON."

Then Charles Diviney called Debra's house. Police recorded the conversation.

Voice of Charles Diviney: "I'M TALKING TO YOU ON MY CELL. DOESN'T MATTER HOW MANY TIMES YOU CHANGE THAT NUMBER, IT STILL HOOKS UP TO MY CELL PHONE. THAT'S MY PHONE SERVICE."

U.S. West is investigating.

Michael Frandsen/US West: "WE'RE VERY TROUBLED BY THIS AND WE'RE TRYING TO DETERMINE HOW IT IS THAT HE WAS ABLE TO GET THE INFORMATION."

There is a $50,000 warrant out for Diviney's arrest. If you have seen him you are urged to contact the Salt Lake County Sheriff's department.