The California man charged with vandalizing a Banksy artwork in Park City and attempting to damage another one briefly appeared in 3rd District Court at Silver Summit on Monday morning and was booked into the Summit County Jail afterward, saying little as it seemed a plea bargain could be negotiated.
David Noll is 35 years old and from Modesto, Calif. He appeared before Judge Ryan Harris with his South Jordan attorney, Brennon Fuelling. His attorney told the judge Noll's family would post the $3,000 in bail. The Summit County Jail took fingerprints and his photograph prior to his release on bail.
Noll wore light-colored pants and a checkered shirt. He wore a dark-colored jacket and a cap outside the courtroom. He shielded his face with a piece of paper or a bag as he walked past the media in the lobby outside the courtroom. Fuelling declined to comment after the court appearance.
The judge set another court date on June 16. Harris indicated Noll is not required to be present at the June date. Noll has not entered a plea.
Matthew Bates, who is leading the prosecution for the Summit County Attorney's Office, said in an interview he has begun discussions with Noll's attorney about a plea bargain.
Prosecutors charged Noll with a second-degree felony count of criminal mischief. A second-degree felony is punishable by between one and 15 years in state prison and a $10,000 fine upon conviction. A judge can also order restitution.
Bates declined to discuss details about the plea bargain talks. He said a guilty plea as part of a bargain might involve a different charge than the second-degree felony Noll now faces. A plea bargain could include an agreement about restitution, he said.
Bates said he has not yet finalized the estimated damage between the two pieces, but the restitution request could top $10,000. Bates declined to discuss whether he would seek jail or prison time for Noll as part of a plea bargain.
Bates said Noll has been convicted of a similar offense involving a Banksy piece in California. He was sentenced to probation in that case, Bates said.
Prosecutors claim Noll around New Year's broke the glass protecting the Banksy image of a boy angel on the Cunningham Building garage along Main Street and then spray-painted the artwork. They also say Noll attempted to smash the glass protecting the Banksy videographer on the Java Cow building. The glass cracked badly but did not shatter.
Banksy, a famous graffiti artist who guards his identity, was in Park City in early 2010 for a documentary about him that screened at the Sundance Film Festival. He created a series of pieces in Park City. The works at Java Cow and the Cunningham Building are the best known, and they are the only ones that remain on public view.
Videos showing the vandalism to the Park City pieces as it occurred were posted online. A charging document against Noll indicated the Park City Police Department used the online videos and others with the same person to link him to the local vandalism.