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Has it come to jail time to wipe out graffiti?

Friday, March 20th, 2009

Like the city of San Francisco, North Beach resident Micki Jones is fighting a losing battle against graffiti.

“I paint it over and it is usually tagged again in 48 hours,” said Jones, who covers up graffiti on her home and other buildings on her block. “It used to be weeks, but now those guys are out there every night.”

When it comes to symbolic statements about a city, nothing speaks louder than the painted scrawls on walls. They say a neighborhood is either unwilling, or unable, to stop vandalism. Graffiti infuriates homeowners, degrades streets and undercuts civil pride.

And yet it happens over and over in San Francisco and has for years. How is that possible? The answers range from the economic downturn (less enforcement), to a lack of consequences (offenders aren’t taken seriously in the courts), to simple fatigue (why paint over the tags when they are back the next day?)

This isn’t a minor problem. The “broken window” theory continues to prove to be true. The theory says each broken window or graffiti tag is a test to see if anyone cares enough to fix it. San Francisco is failing the test.

“As soon as the first tag goes up all bets are off,” said Christopher Putz, the city’s graffiti abatement officer. “It’s like a dog lifting its leg. After the first one does it, every other dog has to tinkle there, too.”

Mohammed Nuru, deputy director of operations for the Department of Public Works, often hears from angry residents at community meetings, but it’s those who have given up on fighting graffiti that he remembers best.

“It is very hard to see some 75- or 80-year-old lady almost in tears because someone has vandalized her house and she can’t do anything about it,” Nuru said.

Public frustration has grown since a 2004 law made property owners responsible for cleaning up graffiti in 30 days or face a fine that could reach $500. Owners complained that it made the victims pay for the crime. Others said that the city ran out of money to pay attorneys to enforce the ordinance.

That’s not to say nothing is being done. Putz said that arrests are up this year and are likely to surpass 2008′s record total of 234. Complaints to the city’s 311 hot line have increased dramatically. And on April 23 the Graffiti Advisory Board – a 25-member group that includes residents, business leaders and city officials – will host a community meeting at the Hilton on Kearny Street to discuss new ways to fight the problem.

Still, it’s hard to disagree with Jones, who has been painting over graffiti in North Beach for 19 years.

“This is a beautiful city,” Jones said, “and it is getting trashed.”

Nuru, who lives in Bayview-Hunters Point, was incensed last week when a freeway sign near the entrance to his neighborhood was rendered unreadable by taggers.

“I totally lost it,” he said. “What I am suspecting is that the vandals are moving more in groups now. We have seen patterns of taggers going in groups to deface property.”

Putz, who has worked with graffiti abatement for over five years, doesn’t necessarily think there are more taggers nowadays. But he is frustrated with the lack of consequences for those who are caught literally red-handed.

“I’ve had kids tell me that they wouldn’t try it in Daly City because that’s San Mateo County and they are treated pretty harshly by the courts,” Putz said.

That’s seconded by Officer Troy Courtney, who was the city’s graffiti expert for seven years. Asked why some other cities, like Seattle, don’t seem to have much tagging, Courtney is blunt.

“You know why?” he asked. “Because in Seattle the first time you get caught you spend six months in jail.”

San Francisco taggers are more likely to get off with community service or probation. That’s a problem because, as is the case with other quality-of-life crimes, a small minority is causing a majority of the problems.

Putz has pushed for a single San Francisco judge to be assigned all graffiti cases so he or she could get familiar with the offenders. But, he said, “nobody wants to be the graffiti judge.”

And finally, there is a school of thought that believes this is art, not a public nuisance. Courtney said taggers come from all over the world to take photos of the San Francisco graffiti murals celebrated on Internet sites and in books.

“It’s like collecting baseball cards,” Courtney said.

For residents like Jones, that’s going to be tough to sell.

“I don’t care if you are Michelangelo,” she said. “If you don’t have permission to write on my building, don’t do it.”

Via:www.sfgate.com

Buket pleads guilty to almost 3 dozen felony vandalism counts

Wednesday, December 24th, 2008

Cyrus Yazdani was sentenced to 10 months in county jail, 256 hours of graffiti removal and five years formal probation. Because of time served, he was released from jail Monday afternoon.
By Andrew Blankstein
December 23, 2008

The graffiti artist who gained notoriety on YouTube with his daredevil tagging exploits pleaded guilty today to nearly three dozen felony vandalism counts and was released from jail after serving time since last May, prosecutors said.

Cyrus Yazdani, one of Los Angeles’ most prolific taggers, who is known in the tagging world as “Buket,” admitted to 32 counts with the special allegation that damage exceeded $50,000.

Judge Steven J. Kleinfield sentenced the 25-year-old San Jose State graduate to 10 months in county jail, 256 hours of graffiti removal and five years formal probation.

But with time served and credits for work and good behavior, Yazdani was out of jail by Monday afternoon.

Yazdani became something of an Internet sensation when he brazenly plastered his “Buket” bomb 20 feet above the busy Hollywood Freeway — vandalism captured on videotape and posted with a rap soundtrack on YouTube and numerous tagger-related blogs.

Another daylight attack, which was also videotaped, appeared to show “Buket” applying his moniker to a Metropolitan Transportation Authority bus as passersby and passengers watched in surprise.

Authorities allege that between 2005 and 2007, Yazdani slapped his tags on buses, freeway walls and overpasses as well as the concrete lining of the Los Angeles River.

Los Angeles County sheriff’s investigators arrested Yazdani in May, saying that his moniker has marked hundreds of freeway overpasses, concrete walls and transit buses across the state and southern Nevada.

He was believed responsible for upward of $150,000 in property damage along the Los Angeles River and in the areas patrolled by the Los Angeles County Sheriff’s Department — and at least as much in other parts of California.

Yazdani, who split time between Los Angeles and Las Vegas, where he was a graphic designer, already had been on probation after pleading no contest in 2007 to three counts of felony vandalism.

Prosecutors had been seeking state prison time in the case, said Los Angeles County district attorney’s spokeswoman Sandi Gibbons.

“We objected to the jail sentence believing this is a very serious case that caused a lot of damage, and we asked for a state prison sentence,” Gibbons said.

“If the defendant is involved in this type of activity again, that’s exactly where he will end up,” she said.

[Via:latimes.com]

Graffiti writer ordered to pay $2K in restitution; gets suspended jail time

Tuesday, November 25th, 2008

PORTSMOUTH — A former city resident who spray painted graffiti on seven buildings was fined, given a suspended jail sentence, ordered to perform community service and to pay $2,320 in restitution.

Appearing in Portsmouth District Court for sentencing on Nov. 25, Alan Hall, 27, formerly of 100 Ledgewood Drive, petitioned the court to perform his 75 hours of community service in his new community of Manchester. That request was denied by Judge Sawako Gardner, who agreed to allow him to split the 75 hours between Portsmouth and Manchester.

“Some of it has to be done down here,” said the judge. “The vandalism was done in this community.”

Prosecutor Corey MacDonald told the court that while three of seven charges against Hall were dropped in exchange for his guilty pleas, the restitution will reimburse all seven property owners for the cost to remove the graffiti from their buildings.

Hall was sentenced to six months in the Rockingham County House of Corrections and fined $2,000, with all of it suspended pending his good behavior for two years. He is court-ordered to pay the restitution within 30 days and to provide proof to the court that the community service was completed.

Hall pleaded guilty to four class A misdemeanor counts of criminal mischief, admitting he spray painted graffiti on the city’s high school and six pieces of private property. As part of a plea agreement, one of the charges was reduced from a felony.

[Via:www.seacoastonline.com]

‘DOPE’ accused of graffiti vandalism on Staten Island’s South Shore

Friday, October 3rd, 2008

An 18-year-old from Staten Island’s Meiers Corner neighborhood was arrested after being caught red-handed while spray-painting the tag “DOPE” on a mailbox and an electrical box at the intersection of Stieg and Barlow avenues in Great Kills on Thursday.

Christopher X. XXXXXX, of Gansevoort Boulevard, faces 20 days in jail after admitting to that crime and another one which he and four others are accused of spray-painting a van. The van incident occurred Wednesday on nearby Country Woods Lane.

Christopher, of Gansevoort Boulevard, pleaded guilty at his arraignment today in Stapleton Criminal Court to two misdemeanor counts of making graffiti — one for each episode.

Judge Matthew A. Sciarrino Jr. told the defendant he would be sentenced as a youthful offender to a combined 20 days in jail, three years’ probation and 20 days of community service. Sentencing is set for Nov. 14.

Tagger jailed 60 days as example

Friday, September 26th, 2008

Judge sends message grafitti won’t be tolerated

A 24-year-old man with a history of mental problems has been sentenced to 60 days in jail for a graffiti spree in which he defaced phone booths, bus shelters and public buildings from Dundas to downtown Hamilton.

Ontario Justice Norm Bennett also placed Joshua Whitelaw on a year’s probation and prohibited him from having materials that could be used for etching or tags (graffiti signatures).

Whitelaw had pleaded guilty to mischief and breach of probation over a graffiti spree with his girlfriend on Feb. 18 when they caused about $1,500 worth of damage.

Bennett said tagging and etching are at an all-time high in Hamilton and he wanted his sentence to send out a message they won’t be tolerated.

“Enough is enough,” he told Whitelaw.

Lawyer Ian Begg said his client suffers from a number of mental problems and has been in the care of psychiatrists and counsellors since he was five. He urged a lenient sentence.

Graffiti artist jailed for two years

Saturday, July 12th, 2008

ONE of Britain’s most prolific graffiti vandals, who was once paid to “tag” the EastEnders’ set, was yesterday jailed for two years. Andrew Gillman used a false name to dupe programme- makers into giving him a job while he was on bail. The casual work came after show producers decided his designs would add a touch of authenticity to the sets. By the time he finished, 11 examples of his “art” adorned some of the BBC soap’s best-known landmarks. They included the Queen Vic, Albert Square’s street sign, Phil Mitchell’s car lot and workshop, a stall outside Kathy’s Café and the entrance to Walford East Underground station. London’s Southwark Crown Court heard that it was not until much later programme-makers discovered “Eddie Jones” was Gillman, the “main mover and organiser” behind 120 night-time attacks on Britain’s stations, trains and railway rolling stock. His gang was also responsible for a number of cross-Channel expeditions. Judge Christopher Hardy said: “This was a wholesale self-indulgent campaign to damage property on an industrial scale.”Gillman, 25, of St John’s Hill, London, and seven others admitted conspiracy to commit criminal damage between January 2004 and June 2006.

Graffiti artist’s sentence quashed

Friday, June 27th, 2008

A graffiti artist who was given Scotland’s longest ever jail term for vandalism has had his sentence quashed.

Gary Shields, 21, from Glasgow, admitted spray-painting train carriages and stations across Scotland, causing thousands of pounds worth of damage.

He had been sentenced to 28 months in prison at Ayr Sheriff Court.

Appeal judges said they would impose a new sentence in six weeks. That is likely to involve community service and some form of compensation.

After appearing at the Court of Criminal Appeal in Edinburgh, Shields said he was “quite happy” with the outcome.

He added: “I thought the sentence was a bit harsh.”

Shields was jailed earlier this year after admitting seven offences carried out in Elderslie, Prestwick, Helensburgh, Shawlands, Yoker and Langside, in Glasgow, when he appeared at Ayr Sheriff Court.

Sheriff Colin Miller decided he had to jail him and said: “The damage done was considerable, not to say the offence caused to the public by vandalism of this nature.”

The sheriff said the prison sentence was intended to send out a message to others.

Shields served almost two months of the prison term before being freed on interim liberation pending an appeal in the case.

His counsel Moira MacKenzie told the court she was not seeking to minimise Shields’ conduct but argued that the sheriff had “overstated the gravity of the offences”.

She pointed out that they were committed when Shields was still a teenager and said he had “removed himself from his previous associates and has turned his back on that activity”.

She added that Shields was hoping to start a university course and was prepared to meet the bill for the damage.

Lord Wheatley told Shields: “We want to emphasise this was a serious series of offences.”

But he said they had decided the jail sentence would be quashed and they had in mind an alternative disposal of community service and “some measure of compensation” to the companies who suffered financial loss.

The appeal judges said they would seek further information about which firms should receive compensation before finally disposing of the case in about six weeks.

[Via:bbc]

My days of spraying graffiti on trains and walls are over!

Friday, June 27th, 2008

A GRAFFITI artist jailed for 28 months for a spraying spree today admitted his actions were wrong – and promised never to do it again.

Gary Shields, 21, of Glasgow, pleaded guilty to causing damage totalling thousands of pounds to trains and railway stations.

But now he has been released from Barlinnie Prison on interim liberty pending an appeal against the length of his sentence, which will be heard on Friday. He has served just two months in jail.

Shields told the Evening Times: “I totally understand what I did was vandalism, but I like the artistic side of it.

“I know now what I did was wrong and will never do something like that again.

“The sentence I got was the biggest for graffiti in England or Scotland – I thought it might have been too harsh, but it is up to the judges on Friday. I hope the appeal judges can see it was a bit harsh.”

He is back working as a draughtsman, doing technical drawings for civil engineering firm Petrie Robertson Design, of Paisley.

He said he hopes to devote his artistic abilities to a future in architecture and legal art forms.

Shields is required to serve half of his 28-month jail term. If his appeal is unsuccessful, he will be returned to Barlinnie to serve the remaining 12 months of his sentence.

His appeal comes after a campaign was launched by the city’s underground music and graffiti scene to free the 21-year-old, from Crookston, who is dubbed “Daze” after his tag name.

Illegal flyposters sprang up across Glasgow and internet petitions were launched encouraging people to write to their MSPs asking the authorities to “Free Daze”.

Glasgow City Council reacted angrily to the flyposting, with deputy leader James Coleman threatening to have the culprits “locked up like Gary Shields”.

But Shields, who was sentenced on March 20, got letters of support from all over the world and thousands have signed petitions or joined online support sites.

He added: “I was shocked at the level of support, but it made me feel less lonely to know I had a lot of people on my side.”

Aside from jury duty, the Shields family had never set foot in a court prior to Gary’s appearances at Ayr Sheriff Court.

His father John, 43, said: “I am delighted this appeal has allowed Gary to come back home. He has started work again and is trying to get back to normal.”

One of the campaigners who helped orchestrate the online Free Daze! petition said he had been in touch with Shields since his release.

Glasgow hip hop musician Eastborn said: “Gary called me after he was out of prison to thank us for the support we gave him.”

COPS FINALLY NAIL GRAFFITI SCOURGE?…

Tuesday, May 6th, 2008

STATEN ISLAND, N.Y. — He was a one-man wrecking crew.

Over the past year, he had marked up houses, restaurants, street signs, bus stops and fire boxes.

The vandal known as “Rank” tried to live up to his tag, striking 75 different times on Staten Island with three different writing styles.

But cops say they’ve brought his spree to an end.

According to cops, “Rank” is Joseph xxxxxx, a 5-foot, 5-inch, 140-pound 19-year-old from Midland Beach.

And his alleged graffiti run rivaled that of Russell “Aloe” Farriola, last year’s most notorious graffiti vandal.

Police arrested Battaglia in a Manhattan subway last week, and that arrest led to more charges in Brooklyn and on Staten Island.

The teen did most of his graffiti here, according to police. Investigators with the NYPD’s Citywide Vandals Task Force linked him to 75 different graffiti incidents on the Island dating to January 2007.

As of the weekend, he has been charged with 75 separate counts of both fourth-degree criminal mischief and making graffiti, both misdemeanors. He was arraigned Saturday in Stapleton Criminal Court and released on $5,000 bail.

William J. Smith, a spokesman for District Attorney Daniel Donovan, said prosecutors plan to review whether Bxxxxxx ultimately could face felony charges, and the prospect of state prison time if convicted at trial.

“They should put him in jail,” said City Councilman James Oddo (R-Mid-Island), who represents the district where Battaglia lives.

“There are close to 300 19-year-old Americans who have died in the Iraq war,” Oddo said. “At the same age, this kid is out acting like a child.”..[Read More]

‘Prolific’ graffiti vandals escape jail

Friday, May 2nd, 2008

[Via:www.24dash.com]

Three “prolific” graffiti vandals, who caused more than £100,000 damage to trains and railway property in Britain and abroad, escaped jail today.

For years James Rees, 18, Jason Giorgetti, 22, and Michael Deioia, 26, went out on “extensive” night-time forays across south London armed with cans of spray paint, and bolt cutters to snip through perimeter fencing.

The thousands of unsightly tags left behind by the gang’s “campaign of vandalism”, landed Southern, Southeastern, South West Trains and London Underground with massive clean-up bills.

It also meant further inconvenience for long-suffering commuters as carriages were taken out of service.

The trio, members of the capital’s notorious SHZ – or “S*** Happenz” – graffiti crew, were finally caught in 2006 after “major player” Giorgetti asked photo shop staff to develop images on his digital camera.

An assistant realised most of the 200 pictures depicted graffiti damage and called the police.

Subsequent inquiries led to the recovery of a “mountain” of incriminating evidence including hundreds of cans of spray paint.

Officers also found thousands more pictures the vandals had taken of their multi-coloured “KASO”, “ANIK” and “FORGOT” calling cards

A number of home-made videos were also seized, including one showing the masked defendants and an unidentified accomplice kitting themselves out before setting off for Caterham station.

It also included footage of them damaging a train in the sidings and then further film of it at London Bridge.

London’s Southwark Crown Court heard part of it had been filmed in Giorgetti’s bedroom. Officers who searched the place also recovered another video entitled Dirty Hands, glorifying “graffiti vandalism”.

Similar material was recovered from Rees’s home.

Apart from discovering a text Deioia had sent to Giorgetti complaining: “I want to lay off painting but it’s all I want to do – frustrating”, further inquiries linked the pair to attacks on German trains.

Rees, of Palmerfield Road, Banstead, Surrey; Giorgetti, of Smitham Downs Road, Croydon, south London – who committed further graffiti offences while on bail – and Deioia, of nearby Arundel Avenue, all admitted conspiracy to commit criminal damage between October 2003 and November 2006.

Passing sentence Judge James Wadsworth told them: “All three of you, to slightly varying degrees, engaged in a long practice of stupid and destructive behaviour.

“Clearly…at the time you thought it was a clever and grown-up thing to do.

“You now realise this is stupid vandalism that must be treated seriously.”

But while they could easily be sent “inside” for their crimes, he had decided to opt for non-custodial sentences, not least because Giorgetti was caring for his terminally-ill mother.

The judge gave both him and Deioia 12-month prison sentences suspended for two years and ordered each to pay £2,000 compensation, prosecution costs of £175 and complete 250 hours unpaid work.

Rees was told to pay £1,500 compensation, £175 court costs and carry out 125-hour unpaid work.

Outside court British Transport Police case officer Detective Sergeant Pete Thrush said their offending could only be described as a “persistent and dedicated…campaign of vandalism on the railways.

“The level of damage caused by this group was prolific. They showed no regard to anyone but themselves in their attempt to gain notoriety by criminally damaging railway property.”