(updated) 6 years in prison for gang graffiti? California town loses its mind.

"A 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 ... 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."

I hope that cooler heads prevail in court, because this is a clear threat of cruel and unusual punishment and it sure smells like racism. Punishing the demographic instead of the behavior is unAmerican. As a society, we can't afford it because it's blatantly unjust.

I'm no fan of gang graffiti, but punishing any type of painting activity with 6 years in prison on felonies is ridiculous. This guy didn't even do $1000 worth of damage (if he's even guilty) and he's only 22 years old. A more practical thing for a sane society to do would be to put him to work in community service of some kind. Imprisoning young people only creates career criminals and a permanent underclass.

Plus possession of tools to create graffiti has been interpreted in California as applying even to things like rocks and pencils. It's just a bogus add-on of convenience. Graffiti tools are not like burglary tools, they are art supplies. California needs a smarter government, and soon.

UPDATE: Sept 1: Jury would not convict Martin, so it's declared a mistrial. This is the second time he's been tried on this and had a mistrial. I feel better now.

The jury did its job after all and refused to give an excessive sentence to someone charged on iffy evidence. Luckily for Martin his jury was not made up of the howling crowd of commenters, many of whom are still out for blood for some reason. It's crazy, because $523 worth of damage, by definition, can be cured for $523. Why would anyone want to pay $30,000 x 6 years to warehouse this guy instead?