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A small victory squandered?

Post by News Tribune Staff on June 25, 2008 at 11:25 am with No Comments »
June 25, 2008 11:25 am

The Stewart Heights Safe Streets organization e-mailed with what it calls a "small victory.”

But it looks like that small victory isn’t leading to much.

Here’s what he wrote:

I got a call on Friday that there were gang folks painting the restroom buildings at Stewart Heights Park. We got photos, and the police responded quickly. Five of the seven were captured and arrested.

Unfortunately, three were released. The two that were charged appear to be getting of lightly by the prosecutor. This is sad because all the work that was done to provide evidence.

We would like to see this case be made an example of to help deter future graffiti work. Letting these people off lightly only opens the door for more graffiti.

And here are the photos:

UPDATE: The two who are being charged are apparently facing malicious mischievousness in the second degree, which is 30 days in jail or community service.

UPDATE 2: According to a city attorney, here are the possible penalties:

Depending on the provision violated, the act is punishable either as a misdemeanor (fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both) or as a gross misdemeanor (fine not to exceed $5,000, or imprisonment not to exceed one year, or both). A charge of malicious mischief is made under state law. If someone damages property in an amount that exceeds the amount of $250, that constitutes malicious mischief in the 2nd degree — this is a Class C Felony. RCW 9A.48.080. The maximum sentence for a class C felony is confinement in a state correctional institution for a term of five years, or a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine. RCW 9A.20.021(1)(c) However with juvenile offenders, a different penalty structure will be applied. RCW 13.40.0357

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