CS Monument Spray Painter Caught - Legal ??

[KarinTimour]

Folks:

Troy Capps, the "alleged" spray painter of the CS Monument in Portsmouth, Virginia was arrested earlier this month. This is one of only two monuments erected in the states of the Confederacy to honor all the branches of service. He painted all the faces of the statue black, but claims both that it was a prank, and that he only vaugely remembers it. The City of Portsmouth, at a cost of over $44,000 had the statues completely restored. The monument did have landmark status, and so he is charged with a Class 6 Felony.

Here's my question: Who would be the best person for us to write to to urge that this not be given a slap on the wrist or pleabargained to community service and a public apology?

I called the Clerk of the Court yesterday and got the specifics on writing the judge, but I've since been told that we should really aim letters at the DA/County Prosecutor in order to make it clear that this case is attracting national attention.

Once we sort out who to direct our letters to, I'll get the address infomration together and post it here. I'm asking for everyone's assitance to deluge them with letters -- the case is set for February 28, so we have time to get the word out if we act fast.

Thanks for any and all advice, I'm sure that there are a number of us who would really like to see a message sent on this case.

Sincerely,
Karin Timour
Period Knitting -- Socks, Sleeping Hats, Balaclavas
Warm. Durable. Documented.
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com

[Marc]

Re: CS Monument Spray Painter Caught - Legal ??

Karin,

Why not both the Judge and the DA? This should not receive a slap on the wrist and the $44,000 should be reimbursed by the culprit.

[KarinTimour]

Re: CS Monument Spray Painter Caught - Legal ??

Dear Marc:

It's been my experience that while some people will write two or three letters, if you want a volume of letters it's best to pick out the one place where they will do the most good and then work like 60 to get the word out.

I'm more and more leaning toward the DA (which in this case is the Commonwealth's Attorney for Portsmouth County, VA). It's an elected position, and I strongly suspect that if he gets a lot of mail on this one, word will get to the judge. Could also include the mailing instructions for the Presiding Justice, and those who want to write two letters can send one to both.

And if people REALLY want to help crank up the volume, there's also calls and letters to the local news stations, asking if they are going to be covering the case.

I've got the phone number for the Commonwealth's Attorrney's office, will call Monday to make absolutely certain I've got the correct mailing address. Will post Monday night after I get home from work, so those of you who are poised to help get the word out, check back here then.

There are two groups of people who will be crucial to get to write: a) Virginians, especially those in the Portsmouth area and b) people who care -- as broad a net as we can leverage.

I'm thinking that some of the groups that we should reach out to are:

a) Other reenacting and preservation groups -- your unit members, list serves, web sites where we can reach Civil War buffs, those who care about preservation, etc.

b) Sons of Confederate Veterans posts, SUV posts, UDC chapters, etc.

c) Veterans groups -- people like this guy don't just deface CW memorials, they go after all kinds of public markers and sculpture, for the fun of it.

d) Institutions -- does anyone know if the Museum of the Confederacy or the National Parks Service would be likely to write a letter of support in a case like this?

e) Civil War Roundtables -- I know a number of you are members of round tables -- it's short notice to get a notice out to all your members, but some round tables have web sites, and even if your chapter doesn't, you probably know at least one other person who you could call and ask for a letter.

Ok, will check back in here Monday night once I've had a chance to confirm the mailing address.

We can do this! Hurrah for the Portsmouth Police Force!

Karin Timour
Period Knitting -- Socks, Sleeping Hats, Balaclavas
Warm. Durable. Documented.
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com.

[Utley]

Re: CS Monument Spray Painter Caught - Legal ??

Karin,

It would be best to call the Attorney General of the state, then call the local District Attorney. The AG of the state is the overall "boss" of local District Attorneys General. I wouldn't call the Judge, as they usually don't like being told or influenced about what to do outside of the courtroom. They will, however, listen to the recommendations of the D.A. Just my 2 cents and I deal with these folks daily.

[csa blacksmith]

Re: CS Monument Spray Painter Caught - Legal ??

http://www.wavy.com/Global/story.asp?S=3497231&nav=23iibEkQ

Is this a city monument or a federal monument? they said it was on the National Register of Historic Places, but I wondering if federal charges will be filed as well as local.







Jay Cantieri

[KarinTimour]

Re: CS Monument Spray Painter Caught - Legal ??

I really don't know -- I don't have a background in law enforcement or criminal law, which is why I posted here asking for advice from those who do.

Maybe someone who knows more about the laws regarding preservation could give a better answer than I can muster,

Karin Timour
Period Knitting-- Sock, Sleeping Hats, Balaclavas
Warm. Durable. Documented.
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com

[Bivouac_of_the_Dead]

Re: CS Monument Spray Painter Caught - Legal ??

http://www.wavy.com/Global/story.asp...1&nav=23iibEkQ

Is this a city monument or a federal monument? they said it was on the National Register of Historic Places, but I wondering if federal charges will be filed as well as local.

Jay Cantieri

The National Register of Historic Places is exactlly what it's called and not much more: It's a federally maintained listing of historic places. It does not imply federal ownership, although many federally-owned sites are on the register. Privately owned sites are also on the register and this honor often helps site owners get grants for preservation but it carries little-to-no legal weight behind it. Not that...

Listing in the National Register honors a historic place by recognizing its importance to its community, State or the Nation. Under Federal law, owners of private property listed in the National Register are free to maintain, manage, or dispose of their property as they choose provided that there is no Federal involvement. Owners have no obligation to open their properties to the public, to restore them or even to maintain them, if they choose not to do so.

Source: http://www.cr.nps.gov/nr/results.htm

The monument in question is undoubtedly a soley city-owned artifact. It will be up to local officials to put that son of a bit... ahem, excuse me... to see that justice is carried out. :baring_te

[FDTaylor]

Re: CS Monument Spray Painter Caught - Legal ??

The Confederate monument here is owned by the City of Portsmouth. The defendant was charged under the Virginia code section (18.2-137) related to destruction of property, which is a class 6 felony. Virginia does have a monument protection law, but violation of it is only a misdemeanor, so at least as far as the charges go, the Commonwealth's Attorney office is seeking a higher offense.

It's my understanding the defendant was arraigned this past Friday, has an attorney, and met his bail. The next court date is February 28, which is scheduled to be a preliminary hearing of some type.

As far as encouraging the full force of the law, I would suggest writing to the City of Portsmouth Commonwealth's Attorney, who is Earle Mobley. He's in the strongest position to decide how lenient (or not) his office will be when there's a decision made as to whether they would negotiate a plea agreement, and recommending a sentence to the Judge. Let me also note, and this is a biggie, that prior to being elected Commonwealth's Attorney, Mr. Mobley was a partner in the same firm that is representing the defendant in this case, so it is probably all the more important that the historical preservation community speak out about this matter.

Here's the address, contact information, etc:

Earle C. Mobley
Office of the Commonwealth's Attorney
City of Portsmouth
801 Crawford St
Portsmouth, VA 23704
Phone: (757) 393-8581
Fax: (757) 393-5241

Hope this helps, and thanks for the support.

Fred

[KarinTimour]

Re: CS Monument Spray Painter Caught - Legal ??

Dear Fred:

Thanks for the confirmation of the address and the information about Mr. Mobley's law firm.

Dear Jay: Thanks for the link with the pictures of the damage -- it just makes it so clear to see what a beautiful piece of statuary this was, and the damage that was done to it.

Will pull it all together and post everything in one package so that those who want to cut and paste it to list serves, friends, etc. can do so easily.

We can help to send a message on this!
Karin Timour
Period Knitting -- Socks, Sleeping Hats, Balaclavas
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com

[cwdoc45]

Re: CS Monument Spray Painter Caught - Legal ??

In addition to all above --- I think that the judge should order this guy(if fould guilty) to be handcuffed to a cannon on a battlefield where sprits of the dead (both CSA & USA) have been seen within the last 5 years & let the sprits handle the case!! By morning he wouldn't go near a monument -- ever!!!


cwdoc45
Dr. Trevor Steinbach

[FDTaylor]

Re: CS Monument Spray Painter Caught - Legal ??

All,

Here is article about what happened in the local newspaper, the Virginian-Pilot:

http://content.hamptonroads.com/story.cfm?story=119044&ran=131142

Suspect in defacement of monument says it was done as a dare
By JEN MCCAFFERY, The Virginian-Pilot
© February 8, 2007
Last updated: 11:45 PM

PORTSMOUTH - A man police charged with defacing the city's Confederate Monument nearly two years ago said he did it as a dare.

During a brief interview at his apartment, Troy Allan Capps, 20, said he "didn't even really remember" spray painting the faces of the monument's troops on June 18, 2005.

The motivation for the vandalism of the Court Street monument had perplexed city leaders.

Repair work from the incident was completed this summer, according to Nancy Perry, director of museums for Portsmouth.

The cost of those repairs, a long with other planned restoration work on the figures, was more than $44,700.

Capps has been charged with felony destruction of property, said Ann Hope, a spokeswoman for the police department.

He faces a minimum sentence of one year in prison and a maximum of five years in prison if convicted, Hope said.

He has been released on bond.

He is the only person who has been charged in the incident, Hope said.

Capps, who lives in of the 10 block of E. Pollux Circle, said he had been at a party in Olde Towne drinking that night.

He declined to say if anyone else was involved.

"It was just a dare," Capps said. "Teens drunk, being stupid."

He also said he didn't know where the black spray paint came from.

The monument features a granite pillar and life-size figures of a sailor, cavalryman, infantryman and an artillery man that are mounted on pedestals and represent a different branch of the Confederate forces.

A document filed in Portsmouth General District Court provides a somewhat different account than what Capps described Wednesday.

On Monday, Capps told police that after work that night, he climbed over the fence surrounding the monument, then sprayed the soldiers' faces with paint. That summary does not mention a party.

About a week after the incident, the city of Portsmouth brought in a metal conservator from Richmond to do about $1,700 in "rescue work" to remove as much paint as possible from the faces, Perry said

Then last summer, a conservation company came in for seven days and completed cleaning and repairs on the four figures for a little more than $43,000, Perry said.

# Reach Jen McCaffery at (757) 446-2627 or jen.mccaffery@pilotonline.com.

[KarinTimour]

Post This Everywhere -- Monument Hearing Sample Ltr

Ok, Folks, here's the tools in one handy packet -- cut and paste this to your list serves, friends, and anyone who might respond!
Karin Timour


Portsmouth Police Arrest defacer of Historic Monument – Preliminary Hearing on 2/28/2007.

Will his attorney ask for a ‘slap on the wrist and community service?”

Send a letter or fax to ask for justice and “punishment that fits the crime.”

In June, 2005, the Confederate Forces monument (Portsmouth, Virginia) was spray-painted black. One of the two monuments that honor all four branches of the Confederate military, the monument features statues of soldiers and sailors. Their faces were spray painted black. The monument was on the National Register of Historic Places, and the costs to restore it (which was undertaken by the City of Portsmouth) were over $44,700.
Here’s what it looked like: http://www.wavy.com/Global/story.asp...1&nav=23iibEkQ

February 2, 2007, the Portsmouth Police arrested Troy Capps, who admitted defacing the monument though he said it was a “prank” and he only vaguely remembered it. He has been charged with a Class 6 Felony, is out on bail and faces a hearing on February 28.

There three choices for sentencing under a Class 6 Felony conviction:
a) a fine of up to $2500; or
b) a year in jail and a fine of up to $2500; or
c) imprisonment from one to not more than five years

Want to hold him accountable? Here’s How:

1.Letters need to be sent to Earle Mobley, the Commonwealth’s District Attorney for Portsmouth. He's in the strongest position to decide how lenient (or not) his office will be with regard to a plea agreement and recommending sentencing to the Judge. Prior to being elected Commonwealth's Attorney, Mr. Mobley was a partner in the same firm now representing the defendant, Mr. Capps. It is all the more important that citizens who care about this send letters and follow the trial.

Earle C. Mobley
Office of the Commonwealth's Attorney
City of Portsmouth
801 Crawford St
Portsmouth, VA 23704
Phone: (757) 393-8581
Fax: (757) 393-5241

Here is a short sample letter, or use your own words – but act quickly so that your letter can be read before February 28!
================================================== ========================
Dear Mr. Mobley:

I am writing with regard to the upcoming hearing about the vandalized Civil War veterans’ memorial (GC-07000682-00). Credit is due the Portsmouth Police Department for getting both an arrest and confession from the defendant. His actions have cost the City of Portsmouth over $44,700 in restoration costs, to say nothing of court costs. Troy Capps, and anyone who would emulate him, needs to learn that there is no tolerance for this behavior. There are those who seek notoriety through damaging and defacing public monuments and historic buildings. Imagine the public outrage and disgust had this been a Gulf War Memorial, rather than one from the War Between the States. It is never acceptable to dishonor the brave men and women in uniform who serve their country. We ask for your leadership. Bring the full weight of your office to bear on this case – do not offer a plea bargain, prosecute vigorously and demand the maximum penalty.

Historic Virginia is rich in monuments, memorials, battlefields and treasured public places. Send a “no tolerance” message on defacement and damage.

Sincerely,

================================================== ========================
2. A judge has not yet been assigned for the February 28th hearing. But letters will be read and forwarded if they are sent to:

Presiding Justice
Portsmouth General District Court - Criminal Division
P.O. Box 129
Portsmouth, VA 23705

3.Spread the word to other groups, friends and email lists. Please act quickly, February 28 is just around the corner.
,
a) Contact chapters and members of the Sons of Confederate Veterans, the Sons of Union Veterans, the United Daughters of the Confederacy, and the Military Order of the Loyal League of the United States.

b) Contact reenacting groups, Civil War round tables, and any websites or list serves for historic preservation groups, Civil War buffs and those who love history.
.
c) Contact veterans and groups who represent them -- People like this guy don't just deface CW memorials, they go after all kinds of public markers and sculpture, for the fun of it.


4.Finally, track what’s happening in the case: www.courts.state.va.us Click on “Portsmouth County” and “General District Court (Criminal Division)” then search for “Troy Capps.” or docket number GC07000682-00.

5. DISTRIBUTE THIS FAR AND WIDE! EVERY LETTER COUNTS! WE CAN WIN!

[LadyReb]

Re: Post This Everywhere -- Monument Hearing Sample Ltr

Karin, I have sent this to all my friends who care.

[LadyReb]

Re: Post This Everywhere -- Monument Hearing Sample Ltr

Thought I had an automatic signature. Sorry.

Evelyn Rard

[KarinTimour]

Re: CS Monument Spray Painter Caught - Legal ??

Dear Evelyn:

Thank you so very much for all you've done! I feel like this is one of those projects that's like a relay -- I was only able to do the first leg, but having handed the baton to you and the rest of the team, you are each doing what you can to get it to the next runner! I'm touched that you and a few others have taken that post to organizations and other people who can reach so many more people.

Can't wait to see whether our voices are heard,
Karin Timour
Period Knitting -- Socks, Sleeping Hats, Balaclavas
Warm. Durable. Documented.
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com