A tagging suspect who was already on probation and was wearing a GPS ankle monitor was at it again when police officers gave chase, in the south alley of an partment complex, according to the Tustin Police Department.
The unfortunate tagger ran from the police, of course, then tried to jump a fence only to find himself hanging upside down when the ankle monitor got snagged in the fence.
You may watch a police video of this here. We could not embed the video here as the Tustin Police added a song by Dr. Dre, which is copyrighted, to the video.
The Tustin Police commented about the suspect’s arrest, “As lovers of the fine arts, we can certainly enjoy a good piece of artwork. However, not in the south alley of a Tustin apartment community.”
Probation Violation Consequences
Because the suspect was already on probation, this new incident constitutes a probation violation. A judge has several options during a probation violation hearing:
- Revocation of Probation: The judge can revoke probation entirely and impose the original suspended sentence, which could mean serving the remainder of his previous sentence behind bars.
- Extension of Probation: His current probation period could be extended for a lengthier term.
- Flash Incarceration: Under California Penal Code §3454(b), he could face immediate “flash incarceration” in county jail for the violation.
New Criminal Charges
In addition to violating probation, the suspect faces new charges for the current incident:
- Vandalism (California Penal Code 594):
- Misdemeanor: If the damage is under $400, it is typically a misdemeanor. However, because he has prior vandalism convictions, the maximum fine increases from $1,000 up to $5,000.
- “Wobbler” (Misdemeanor or Felony): If the damage is $400 or more, it can be charged as a felony. Given his criminal history, a prosecutor is more likely to pursue felony charges, which carry a state prison sentence of 16 months, 2, or 3 years and fines up to $10,000.
- Resisting Arrest (California Penal Code 148(a)(1)): Running from the police after they “gave chase” typically results in a charge of resisting, delaying, or obstructing an officer, a misdemeanor punishable by up to one year in county jail.
- Trespassing: Entering the apartment complex’s alleyway without permission to commit a crime can lead to misdemeanor trespassing charges.
Additional Sanctions
Driver’s License Suspension: A vandalism conviction for anyone 13 or older can result in a mandatory driver’s license suspension for up to two years.
- Restitution: He will likely be ordered to pay for the full cost of repairing or cleaning the tagged property.
- Community Service: Courts often require taggers to perform community service, such as keeping a specific location “graffiti-free” for up to one year.