Miley's Alleged Stalker Won't Face Felony Charge

10/28/2009 1:45 PM PDT

Miley's Alleged Stalker Won't Face Felony Charge

The man who claims Miley Cyrus sends him "secret messages" through his television set will not face a felony charge of attempted obstruction of a police officer ... but he's still facing two misdemeanor charges.

A Georgia grand jury said prosecutors failed to present sufficient evidence against 53-year-old Mark McLeod to support the felony charge -- but he still faces two misdemeanor charges of criminal attempt to commit stalking and disorderly conduct.

McLeod has been in custody since August 4 -- where he remains -- when police arrested him near the set of Miley's movie "The Last Song" for the second time.

According to the police report from McLeod's first arrest, he told officers a number of disturbing things about Miley -- like how he was destined to be with her and how he had "thousands of pictures and letters to Miley on his computer."