CS Monument Spray Painter Caught -- II

[KarinTimour]

Summary of Past events:
Portsmouth, Virginia has a large and beautiful monument to all four branches of the Confederate Armed Services. In June, 2005, Troy Capps spraypainted the faces of the various figures black. The City of Portsmouth paid over $44,000 to restore the monument. The Portsmouth Police Department kept on the case, and in early February, 2006, they arrested Mr. Capps, who admitted doing the deed, though he only vaguely remembered it. He was indicted on a Class 6 Felony, made bail and a preliminary hearing was scheduled for 2/28. Those of us who have lost all patience with this type of vandalism have mounted a letter campaign to the Portsmouth Commonwealth's Attorney, urging that he vigorously prosecute this case. On 2/28 the hearing was further postponed to 3/30/07.

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

Current Questions:
First of all, thank you, Mr. Taylor, for the update on what happened in court on February 28. Your reporting on what's happening locally is greatly appreciated.

1. For those of you who know more about legal procedure, how long can they continue to postpone this hearing?

"There's no point in writing, accept defeat..."
I've recently gotten quite a number of private emails on this topic urging that we "forget it" and stating that there is "nothing to be done, the writing is on the wall, these cases are always all dismissed."

Sometimes They Do Get Caught
While these types of cases often go unsolved, sometimes they do catch the culprits. I have a vague recollection of reading some time ago in Civil War News about a pair of vandals who were caught after defacing the monuments at the Vicksburg National Military Park. I remember it particularly because the judge not only sentanced the guys to service cleaning up the park, but they also had to attend classes on either the Civil War or the seige of Vicksburg. Does anyone else remember this?

Other Successful Prosecutions?
We all know of cases of destruction and desecration. Does anyone other cases, no matter how local or small, of people being caught for this type of crime?

Major Elements for Success Already Present
Here we've got a case where a) the City cares enough to spend serious money to restore the monument; b) the cops deserve great credit for arresting the guy and even getting him to admit that he did it; c) he's been indicted on a Class 6 Felony, which seems to indicate that the Commonwealth's Attorney is taking this case seriously.

How can we keep up the interest so that when the next hearing date rolls around, it's clear that people are watching this case and want vigorous prosecution?

Remember the role played by the public in opposing the Gettysburg Casino!

Thank you for any and all answers and ideas,
Karin Timour
Period Knitting -- Socks, Sleeping Hats, Balaclavas
Warm. Durable. Documented.
Atlantic Guard Soldiers' Aid Society
Email: Ktimour@aol.com

[ley74]

Re: CS Monument Spray Painter Caught -- II

Karin:

Commonwealth Attorneys are elected officials. They understand public opinion and while judges in the Old Dominion are not elected, most aspire to something other than riding the bench. That being said, the more letters, emails and calls received by the CA, the better.

Secondly, knowing the city of Portsmouth, surely they felt a sting when shelling out $44,000 for the clean up. While desercration of monuments is horrible, there is also the cost of cleaning up vandalism in general. Here in Richmond, we struggle with the same costs related to gang tagging, general graffiti and a few misguided college students. The CA is figting these folks all the time and the annual costs well exceed $44,000. My suggestion would be to focus on the greater harm. Any vandals would think twice if there was an example.

To search for relevant cases, find a compassionate soul who has acess to Lexus/Nexus or WestLaw. Either search engine will do.

Best of luck and you are correct, never give up.

Calling Jim Mayo, you must have a dog in this one...

[KarinTimour]

You can Help hold him Accountable

Dear Mr. Buczak:

Let's agree that if it were left to us to manage the world, it would be a very different place. That being said, the upper limit of a fine that they can levy for the Class 6 Felony that he's been charged with is $2,500.

Would I love to hear that they'd charged him with the full $44,700? You betcha.

Mr. Watson:
Thank you for your kind words, I really do think that we can make a difference in supporting the Commonwealth's Attorney to throw the book at him. As you say, the City of Portsmouth is certainly feeling the sting of $44,000 and Mr. Mobley (Commonwealth's Attorney) is elected. Perhaps he's got all the motivation he needs already. On the other hand, in order to forestall any pressure from the defendant's attorney that he is "young, misguided, etc., etc." we can give him the political support that he needs to keep from going for a plea deal on a lesser charge. For police and law enforcement folks, the amount of support they feel in doing their jobs seems to vary a great deal. A letter from you can help send the message that we are supporting the CA and the police who tracked this guy down and arrested him.

Here’s how:

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 March 30 -- the next scheduled date of the hearing:

================================================== ====
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,


=================================================

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

[FDTaylor]

Re: CS Monument Spray Painter Caught -- II

Karin,

Thanks for your continued support in raising awareness about the destruction done to the Portsmouth monument. To give you a little background of my particular interest in this, I'm a native of the Tidewater area (in fact, born in Portsmouth); helped the SCV and the bill's author in 1999 with lobbying for the passage of the monument desecration portion of the act that Mr. Capps is being charged under; and, happen to be a second year law student at Mercer University in Georgia.

As far as precedent goes, this is the first time (to my knowledge) that someone has been charged under the "monument protection" aspect of this statute. Typically, this is an act that is used to prosecute general property damage, car vandalism, and the like. Because of that, it's all the more important that this case be prosecuted to the fullest extent of the law.

On the issue of the sentencing, while you are correct on the guidelines, this statute does provide that, "Upon conviction, the court may order that the defendant pay restitution." In other words, the Court could order both the payment of the $44,700 in damages to the monument, and the fines, jail time, etc. Hopefully, the Commonwealth's Attorney will be seeking both.

Last, as far as the hearings go, the Court has the discretion to grant the continuances. Typically though, this is only done within reason, say a scheduling conflict for the attorneys, or not enough time to review the evidence, and so on. I "believe" this next hearing should set the timetable for an actual trial, or a plea if that is arranged between the Commonwealth's Attorney and the defendant. Only time will tell.

The plea is what I am more concerned about. Apparently, the evidence is there, so this is not an issue of guilt/innocence, but rather how harsh of a sentence will be imposed. This is why all of your letters to the Commonwealth's Attorney are so important. If the Commonwealth's Attorney sees how big of an issue this is, he will be more hesitant to suggest a minimal sentence.

Thanks again, and I'll let you all know of any changes/updates.

Fred

[GermanDraftee]

Re: CS Monument Spray Painter Caught -- II

I believe there are sufficient similarities in this case to warrant its posting here: special nature of the property that was defaced, the attitude of the community and the County District Attorney, the sentences that were passed, and some uncertainties as to collecting restitution.


From the Milwaukee Catholic Herald, January 18, 2007

Sentencing is closure for community, Carmelite says

Cousins punished for June vandalism at Holy Hill

By Cheri Perkins Mantz
Catholic Herald Staff
HUBERTUS — Two cousins were sentenced Jan. 11 after being convicted for vandalizing the Basilica of the National Shrine of Mary, Help of Christians, at Holy Hill in June.
David Groth, 17, was sentenced to 18 months in prison and two years of extended supervision. His cousin, Tyler Groth, 22, was sentenced to six months in the Washington County Jail, three years of probation, and 200 hours of community service.
Carmelite Fr. Cyril Guise, director of the shrine at Holy Hill, said he feels the sentencing will give the parish community a sense of closure.
“I would think it does,” he said. “The courts did what they had to do and it’s all over as far as we’re concerned.”
In June, Fr. Cyril told your Catholic Herald that the clean up effort would cost more than $15,000. To date, all graffiti has been removed from the Stations of the Cross and other exterior building walls.
As part of the sentencing, the cousins are required to pay $33,601 in restitution to Holy Hill. Fr. Cyril said he hopes they will see that money some day.
“I don’t know if we’re ever going to get it,” he said of the restitution. “That’s out of our reach.”
While he said parishioners and the community still sometimes talk about the vandalism, he feels the community is healing from it. He said he also feels that the sentencing was something that needed to be done.
“That’s the state doing what they’re doing and we’re not going to disagree,” he said. “But we’re not going to get involved in it.”
The Groth cousins spray painted satanic messages on buildings at Holy Hill and the 75-year old, hand-carved statues in the outdoor Stations of the Cross on June 6. The cousins reportedly told police that the date, 6-6-06 was Satan’s birthday.
Washington County Assistant District Attorney Mark Bensen recommended the maximum amount of jail time for David and probation and jail time for Tyler. According to Bensen, there are many factors at play when deciding on the length of sentence to recommend to a judge.
“You make the decision based on three primary factors — the seriousness of the offense, the prior record of the defendant and the need to protect the public,” he explained. “You try to come up with a sentence that meets that objective.”
Bensen said he recommended the sentences he did because he understood the seriousness of the offense.
“I think it was a serious offense; everyone was troubled by the words that were written,” he said. “The nature of what they wrote was serious and that warranted a serious punishment.”
Bensen said that the two were charged with a felony because it was criminal damage to religious property versus criminal damage to other property, which would have been a misdemeanor.
When asked about restitution, Bensen said he hopes Holy Hill sees the money, but “it’s difficult to squeeze blood from a rock.”
“Tyler is on probation; he’s supposed to pay the money back as a condition of his probation and a probation officer will monitor that,” Bensen explained. “Sometimes a victim is not 100 percent totally compensated. For David, it’s a condition of his extended supervision because he’ll be in prison and you don’t earn a lot of money in prison.”
Tyler will be serving his six-month sentence in the Washington County Jail. David will be serving his time in a yet-to-be-determined state prison.

[FDTaylor]

Re: CS Monument Spray Painter Caught -- II

http://content.hamptonroads.com/story.cfm?story=126579&ran=223867

Portsmouth man pleads guilty to painting statues

The Virginian-Pilot
© June 13, 2007

PORTSMOUTH

A Portsmouth man pleaded guilty Tuesday in connection with spraying black paint on the faces on the city's Confederate monument.

Troy Allan Capps, 21, admitted in Portsmouth Circuit Court to defacing the monument on June 18, 2005.

Attorneys reached a plea agreement that Capps would serve two years of probation and perform 50 hours of community service.

A judge will ultimately determine Capps' sentence and how much restitution he should pay.

Officer Gregg Fisher testified that Capps admitted in an interview in February to painting the faces.

The monument, which is at the intersection of High and Court streets in Olde Towne, features life-size figures of a sailor, cavalryman, infantryman and artilleryman.

They each represent a different branch of the Confederate forces.