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Man imprisoned for graffiti spree

by Keith KINNAIRD<br
| March 19, 2009 9:00 PM

SANDPOINT — A Bonner County man who brazenly spray painted graffiti on police vehicles, government buildings and businesses was ordered Thursday to serve time in prison.

District Judge Steve Verby sidestepped state and defense sentence recommendations and ordered Kyle Lee Jones to serve two to four years in prison with retained jurisdiction.

When jurisdiction is retained, a defendant has a chance at being released on probation after serving six months in prison. An early release from a prison sentence is not guaranteed, however.

Jones, 20, was charged with malicious injury to property at the felony level because the damage from the graffiti binge exceeded $1,000. Jones was accused of tagging five local businesses, an apartment building, Lake Pend Oreille High School, Sandpoint City Hall and police vehicles, and the Bonner County Courthouse.

Jones committed the vandalism last month and was caught almost immediately, after witnesses gave him up to police. He entered into a plea agreement which proposed an unspecified term in jail and a suspended prison sentence.

Jones’ attorney, Chief Deputy Public Defender Janet Whitney, said her client admitted his conduct, which he himself chalked up to “sheer stupidity.”

“The defense believes the rehabilitation of Mr. Jones can be done in the community with probation and parole,” Whitney said.

Deputy Prosecutor Jim Frazier said a prison sentence dangling over Jones’ head would provide incentive for him to steer clear of trouble. He added that Jones’ conduct has had an impact on the victims and the city, which is largely free of graffiti.

“It’s upset a lot of people,” he said.

But a presentence investigator recommended retained jurisdiction because Jones was on already on probation for misdemeanor offenses and attempted to minimize his conduct by blaming alcohol.

“Frankly, Mr. Jones, you’re not a good candidate for probation. When you’re on probation you’re committing offenses,” Verby said.

Verby ordered Jones to pay $4,784 in restitution and fined him $1,000. Verby also required Jones to participate in a graffiti-removal program either as a condition of probation or as community service.

Verby asked Jones if had any remarks before the sentence was announced.

“Just that I’m sorry,” Jones replied.