The California man charged with vandalizing a Banksy piece along Main Street and attempting to get to a nearby one in December did not appear for a Monday court date, prompting the judge to issue an arrest warrant.
Third District Court Judge Todd Shaughnessy issued a $25,000 warrant, cash only, for the arrest of David Noll, who is 35 years old and is last known to have lived in Modesto, Calif. Noll was scheduled for a roll call hearing on Monday. Those hearings typically address procedural matters. Noll's attorney, Brennon Fuelling, was present. The judge on Monday scheduled a hearing in the case on Sept. 15. Noll has not entered a plea.
Shaughnessy during a June court date said he wanted Noll to appear at the one on Monday. Noll's attorney last Thursday filed a motion at 3rd District Court asking for a continuance of the Monday court date, according to court records.
Prosecutors charged Noll with a count of criminal mischief, a second-degree felony based on the dollar figure attached to the damage. In a charging document, the prosecutors claim Noll was responsible for the damage to the Banksy piece on the Cunningham Building. The vandal shattered the glass meant to protect the image of an angel boy and then spray-painted the piece.
The prosecutors also claim Noll badly cracked the glass protecting the Banksy videographer piece on the Java Cow building. The glass did not shatter, though, and the Banksy was not damaged.
The damage occurred in the overnight hours around New Year's.
The two are the most prominent Banksy pieces remaining from the famous graffiti artist's trip to Park City for the 2010 Sundance Film Festival. Banksy was the subject of a documentary that screened in the festival that year. The videographer on the Java Cow building has become a popular place for photographs while the angel boy, which is located on a garage wall steps off Main Street, attracts fans as well.
The owner of the Cunningham Building hired a painting conservator to remove the vandal's spray paint and restore the Banksy image. The badly cracked glass protecting the Java Cow piece was replaced.
"I wish I could say I'm surprised by defendant's conduct," Summit County Attorney David Brickey said on Monday after Noll did not appear.
Prosecutors and Noll's attorney are negotiating a plea bargain, Brickey said. He said he would require any agreement include restitution for the victims. Prosecutors have said it cost $8,373.13 to restore the Cunningham Building Banksy and another $800 to replace the glass. The prosecutors have not identified a dollar figure for the damage to the glass that protected the Java Cow piece. Brickey said he will not request Noll be sent to jail if he agrees to pay the restitution.
"That's a huge incentive, at this point, to make our victim's whole," Brickey said.
Noll's attorney did not immediately return a phone message seeking comment.