HER STORY
Aliveness v. violence that silences.
COUNTERMAN v. COLORADO
What happened.
In 2017, Billy Raymond Counterman was convicted of stalking via the true threats doctrine. In 2023, the case’s appeal reached the Supreme Court of the United States, which overturned Counterman’s conviction and sent the case back to trial.
Ultimately, Coles faced an impossible choice: retry the case under a higher legal standard and testify in the same room as the man who stalked her all over again, or walk away. She chose not to relive the process, and the case was ultimately dismissed and sealed.
2005
Debut album & national touring
Coles releases her first independent album, Gee Baby, and begins touring nationally—building a devoted fanbase along the way.
2010
The stalking begins
A man named Billy Raymond Counterman starts sending Coles Facebook messages. Over the next several years, the messages number in the thousands.
2014
The threats escalate
Messages become darker and more alarming: “You should die.” He references seeing her in person. This period becomes the core of the criminal case.
2016
Arrest in Colorado
Counterman is arrested in Arapahoe County, Colorado.
2017
Trial and conviction
A jury convicts Counterman of stalking under Colorado’s “true threats” law. He’s sentenced to 4.5 years in prison.
2021
Appeals begin
The Colorado Court of Appeals upholds the conviction. The Colorado Supreme Court refuses to hear it.
2023
U.S. Supreme Court gets involved
Surprisingly, the U.S. Supreme Court agrees to hear the case. The question? Whether sending thousands of menacing messages like “die” and “I’m watching you” is protected speech.
2023
A stunning ruling
Despite serious questions about victim safety, the Court rules 7–2 to overturn the conviction—sending the case back to trial under a higher legal standard.
2024
Conviction overturned in Colorado
The Colorado Court of Appeals formally reverses the original conviction and sends the case back for reconsideration.
2025
Erased by law
Coles faced an impossible choice: re-try the case and face her stalker again — or walk away. She chose to protect her family. The conviction was erased. Colorado records now show no arrest, no trial, no crime at all.
“The thousands of unstable messages sent to me were life-threatening and life-altering. I lived in fear, terrified that I was being followed and could be hurt at any moment. I ultimately stepped back from the music career I had worked so hard to build. I’m grateful that when I reported the messages, they were taken seriously, and many in law enforcement did everything they could to protect me.”
WHAT CAME NEXT
The story didn’t end at the courthouse.
The law she changed
Colorado now allows adult victims of stalking, domestic violence, and human trafficking to testify remotely. Nine more states are working on it.
The room she speaks in
Part keynote, part concert — the story told with live music, to conferences, campuses and organizations.
ON THE RULING
“I’m disappointed that the Supreme Court’s decision has minimized the harm that stalking and threatening messages cause to victims and their families. Nonetheless, I hope the standard the Supreme Court established can be used in ways that allow for the protection of victims across the country. If you are afraid, please trust yourself and reach out for help. The Court’s decision does not mean that victims must stand alone.”
SOURCES
Primary documents from Counterman v. Colorado, No. 22-138.
- Coles Whalen’s Amicus Brief (opens in a new tab)Filed March 31, 2023
- Supreme Court Oral Argument (opens in a new tab)Audio + transcript · April 19, 2023
- Supreme Court Opinion (opens in a new tab)Decided June 27, 2023
- Case Docket (opens in a new tab)Briefs, filings, orders and case history
If you need help
You are not alone. You are not to blame. Here are hotlines and organizations that support victims of crime.
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