Gidion Kramer, Mision Dolores activist has posted a message from Erica Terry Derryck, Deputy Public Information Officer in the SF District attorney’s office, reporting a guilty conviction on graffiti vandalism for Mark Cross in a jury trial. Kramer is delighted calling it, “Great news that will hopefully resonate among the “tagger community” that thinks it’s cool to vandalize public property.”

The Clubhouse

Cross was sentenced to two years probation and 200 hours of community service. Below is the full press release with DA Kamala Harris’s equally jubilant statement and and testimony from the arresting officer.

District Attorney Kamala Harris announced today that Mark Cross, age 26, and CTN 2408033, was convicted of one count of graffiti vandalism by a jury.

“This conviction is an important victory for the people of San Francisco who deserve to have clean and safe recreational facilities at their disposal,” said San Francisco District Attorney Kamala D. Harris. “Stopping graffiti through abatement, enforcement and prosecution isn’t just about aesthetics. Graffiti blights the communities that are hit by these vandals and its clean-up is a huge, burdensome expense to our City.”

On April 13 after deliberating for two days, the jury found defendant Cross guilty of spray painting the Dolores Park clubhouse door. The guilty verdict followed a one day jury trial before the Honorable Bruce Chan in Department 514 of San Francisco Superior Court.

According to Court documents, on February 27, 2009 San Francisco Police Officer Michael Shavers was responding to a call near Dolores Park when he came upon the defendant at the Dolores Park clubhouse door. The Officer smelled paint in the air and saw the defendant spraying paint on the door. In the process of investigation, the Officer confirmed that the paint was wet and identified the moniker that had been spray painted on the door as that of the defendant.

Six other individuals were standing at the bottom of a nearby staircase. None of them were charged. Two of the individuals were known to the defendant and testified on his behalf at trial. Defendant Cross, of San Francisco, was arrested and charged with one misdemeanor count of committing vandalism with damage less than $400 in violation of Penal Code section 594(b)(2)(A) .

The maximum statutory penalty for each count in violation of Penal Code section 594 is one year of jail and a fine of $1,000 plus restitution. Judge Chan sentenced defendant Cross to two years of court probation, 200 hours of Public Work Alternative Program (graffiti cleanup) and barred the defendant from possessing any graffiti tools during the course of his probation as dictated by statute. The defendant was also ordered to pay restitution and court fees.

The conviction is the result of an investigation by Officer Michael Shavers of the San Francisco Police Department with the assistance of Joe Padilla of the Parks and Recreation Department. Maria Shih is the Assistant District Attorney who prosecuted the case.