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Graffiti trial could result in six-year sentence
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More from Local NewsA Santa Paula man spray-painted gang graffiti on a large wooden sign at the entrance to Marina Park in Ventura nearly two years ago, a jury was told Thursday in a case that could send the defendant to prison for up to six years.
"Sergio Martin is the only person who fits the complete description of the person who did the vandalism," prosecutor Derek Malan told jurors during closing arguments in Ventura County Superior Court. The jury received the case Thursday afternoon.
Martin, 22, faces prison if found guilty of two felony charges — committing vandalism that caused more than $400 worth of damage, and possessing tools to commit graffiti, according to his lawyer, Rod Kodman. The damage to the sign totaled $523.
Jurors are being asked to find that Martin committed the crimes for the benefit of a Saticoy criminal street gang.
Kodman told jurors that there are numerous reasons not to convict his client of a serious crime solely on the testimony of the prosecution's only witness. Kodman described the witness as sincere but mistaken.
"Sincerity is not accuracy," Kodman told jurors.
The witness, David Satterberg of Ventura, testified this week that he stood across the street and watched the spray-painting of the sign 70 feet away, from the second floor of his two-story apartment.
He said he saw a maroon-colored car with chrome wheels pull up to the sign about 7:35 p.m. on Dec. 28, 2005.
One of the four alleged gang members in the car was Martin, according to testimony.
Satterberg told police that a man weighing 185 to 200 pounds spray painted the sign. Police stopped a vehicle fitting the description of the car used during the vandalism about a half-hour later on Highway 101.
Police drove Satterberg to Highway 101, where he identified Martin without getting a close look at the others in the car.
Malan told jurors that Satterberg could see that the others were small-framed men who didn't fit the physical description.
Also, Malan said Satterberg had a good view earlier when Martin had faced Satterberg and cursed and threatened him. Nothing stood between the two men, Malan said.
Kodman accused Christopher Macias, one of those in the car, of vandalizing the sign. Macias denied it when he testified.
Kodman said there was no paint on his client's hands, clothing or shoes. Also, police didn't find any of his fingerprints on the aerosol paint can, Kodman said.
Posted by potatoebay on August 31, 2007 at 5:24 a.m. (Suggest removal)
Most prisons have great arts programs.
Posted by desdave on August 31, 2007 at 6:40 a.m. (Suggest removal)
This low life represents 2 of the worst things going on these days....gangs and graffiti. I hope he gets the max sentence. Just too bad that our tax $ will have to house and feed him in prison. The idea of adults (at least in years) spray painting on walls amazes me. How much of a going nowhere loser does that make you?
Posted by HickyPany on August 31, 2007 at 10:24 a.m. (Suggest removal)
In a new age of cowards and sissy men… its refreshing to see the courage Mr Satterberg demonstrated by taking the time to witness, call and eventually testify against this (alleged) street rat. Thank you Mr Scatterberg for being a man and thank you to our system for stepping up to prevent more acts from these cowardly “artists”
Posted by archtmf on August 31, 2007 at 10:49 a.m. (Suggest removal)
The justice system is too slow and cumbersome in dealing with taggers. Having to wait for two or three years to give one tagger 6 years isn't going to put a dent in the rest of the punks' desire to splay their spray all over everything. A more effective punishment would be to commit a tagger to one month of hard clean-up of tagging all over the community, within 30 days of being caught. The offender would have to wear pink overalls and would have to clean up the scrawls of others in full view of the public. And his parents would have to forfeit $10,000 for each offense to pay for the program, and if they don't have the dough, they lose their car, jewelry, or other sellable tangible possessions. A year or two of 20 or 30 pink-clad punks scrubbing walls with tooth brushes all over town every month would have much more of an effect on tagging than 6 years in prison for one single jerk.
Posted by sixramseys on August 31, 2007 at 12:56 p.m. (Suggest removal)
Instead of us taking care of this guy in prison, I say put him to work cleaning up graffiti in Santa Paula and Ventura every weekend for six years. He works during the day Monday through Friday to feed himself and pay back restitution for the damages he created. On weekends (both days) he is cleaning up graffiti. I think once he sees how much it costs the owners of properties he damages this will rehabilitate him. Not spending time sitting on his keester watching TV all day. (On our dime)
Posted by sog55 on August 31, 2007 at 2:23 p.m. (Suggest removal)
You people are insane!!!! Graffiti is nothing new. I mean "the worst things going on these days"? 6 years?
Posted by clementine on August 31, 2007 at 3:12 p.m. (Suggest removal)
These taggers are short 1 brain - they can't be helped.
Posted by AnnaWhaat on August 31, 2007 at 8:28 p.m. (Suggest removal)
Except for Sogg I think your all idiots !!! SIX years. What is that? A Sentence they give for attempted murder !!!!!!!THATS WHAT IT IS !!!!
YES , I am mad as heck that they think 6 years is right for this crime !! I have NO FAITH at all in our System. Its sucks !!!! PERIOD ! IF they give this man six years I hope everyone that disagrees with this protests at the governmet center. NOT only that. There were four men or males in the vehicle. The old man didn't even look at the others !!!! HOW do you know that we aren't sending a innocent man to prison! This just appalls me to no end !!!!!! I hope this man gets the justice he deserves. He may not be guilty !!!!!! If he is then yeah maybe a year in jail....that is plenty of time to teach someone a lesson. Then a couple years of probation. And some community clean up! PERIOD..
Posted by sweetprecious805 on September 1, 2007 at 10:35 p.m. (Suggest removal)
i believe that is so unfair, to give some one 6 years.. please,, the system is so out of it..instead of being so focus on how many years to give for that case they should be focusing on catching people that actually are the real crime commiters.. now days the system pays more attention to small cases instead of the ones that really need more attention and time consuming..until than stop making this case seem like its murder.....
Posted by eduardocenter on September 4, 2007 at 6:12 a.m. (Suggest removal)
If you give him 6 years--it'll make a killer or a rapist out of him most likely. I would think if he's done this before, or other crimes, then it makes sense for such a deep sentence. I'm also surprised that the brave witness' name is printed in the article--surely his name is a matter of public record but perhaps just a first name would protect witnesses a bit, unless Star got consent from him.
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