Prosecutors and the attorney representing the California man charged with vandalizing a Banksy artwork on Main Street and attempting to get to another one last winter are negotiating a plea agreement, the Summit County attorney said on Monday.
David Noll did not appear at a court date on Monday at 3rd District Court. His attorney and County Attorney David Brickey spoke to Judge Todd Shaughnessy about the prospects of an agreement. Shaughnessy said he wanted Noll to appear at the next hearing, scheduled in August.
Brickey told the judge prosecutors are continuing to compile the amount of restitution that will be sought as part of an agreement. It appears the restitution could top $12,000.
In an interview afterward, Brickey said he expects either Noll will enter a plea during the August court appearance or the judge will set a trial date. He said the sides are working toward an agreement being reached prior to the court date.
Brickey said any agreement would involve a requirement that Noll pay restitution to the two property owners with the Banksy pieces, community service and probation. He said prosecutors would also require an accounting of Noll's court-ordered treatment for mental-health issues. The court order stems from a case in California, according to Brickey. He is not sure if he will seek jail time.
Noll is charged with one count of criminal mischief. The charge is a second-degree felony based on the estimated value of the damage. Prosecutors say Noll smashed the glass protecting the angel boy Banksy on the Cunningham Building garage and then defaced it with spray paint.
He attempted to smash the glass protecting the kneeling videographer Banksy piece on the Java Cow building, prosecutors say. The glass cracked, but it did not shatter.
The damage was inflicted in the overnight hours around New Year's.
The Banksy pieces date from early 2010. The famous graffiti artist was in Park City as a Banksy documentary was screened during the Sundance Film Festival. The pieces have become attractions along Main Street.
The owner of the Cunningham Building hired a painting conservator to restore the Banksy image. The conservator removed much of the vandal's spray paint and then put down her own paint based on the original Banksy work.
The county attorney said the restitution that will be sought from Noll will include the costs associated with the damage to the metal frame of the angel boy piece, the cost of replacing the glass with bulletproof glass and the work of the conservator. Brickey said the dollar figure related to the angel boy damage is $12,631.73.
The restitution that will be attached to the videographer piece at Java Cow is not yet known, Brickey said.
Noll's attorney declined to comment after the Monday court date.