JUDGE DELAYS BLACK LIVES MATTER MURAL RESTITUTION DECISION
The next hearing is scheduled for July 25
SANTA CRUZ >> Much was discussed but no decision was made on Thursday by Santa Cruz Superior Court Judge Syda Cogliati regarding restitution for the vandalized Black Lives Matter mural in downtown Santa Cruz.
Members of the public were hard-pressed to find an open seat in the courtroom where attorney arguments continued for the two men accused of defacing the Center Street mural last summer. Brandon Bochat, 21, and Hagan Warner, 20, were arrested last July on suspicion of felony vandalism and were later charged with an additional hate crime enhancement and misdemeanor reckless driving.
The incident involved multiple rounds of burnouts in which the defendants are accused of taking turns driving Warner's truck across the mural's face, which left long, dark tire tracks across its bright yellow lettering. Bochat and Warner had previously
pleaded not guilty to the charges. Warner was present in the courtroom on Thursday while Bochat was not.
At a previous hearing, Deputy Santa Cruz City Attorney Cassie Bronson provided the court with an estimated mural restoration cost of $103,000 to $114,000 and Cogliati advised that she was unlikely to order a reduced fine to get a less expensive repair. The defense
has taken issue with this figure and the parties reconvened once again to plead their cases in hopes of reaching a definitive number.
The sole witness was Abi Mustapha, who referred to herself as the “instigator” for the project and is also a member of the Santa Cruz Equity Collab which helped organize and facilitate the mural's construction. Assistant District Attorney Michael
Mahan began the first line of questioning, which primarily revolved around how the mural came to be, what specific artistic steps were required and what fees were incurred in the work's creation.
Mustapha, who is an artist herself, listed the various steps involved in bringing the project to fruition including permits from the city, measurements of the
street, selection of permissible paint, event organization and multiple phases of stenciling and painting the letters themselves. She said the planning for the project altogether took several months and many of the people involved did not charge a fee. The mural also requires yearly restoration work, the first round of which had been done just weeks before the vandalism
took place.
“All of us did it as an inkind donation,” she said. “We don't do these things just to make them pretty all the time.”
Taylor Reinhold is a local artist and he and his team named the “Made Fresh Crew” led the actual artistic execution of the project. Mustapha estimated that Reinhold could have reasonably charged $35 to $40 per square foot for the project, but ended up doing it for free. According to the defense attorneys, the mural is 2,750 square feet.
“People saw it as a safe place,” Mustapha said of the mural. “The value of art is rarely if ever based on value of supplies or fees. It isn't just paint on the street.”
Mahan closed by asking Mustapha what she thought a justified outcome might look like for the defendants. “I would like to see them repaint the mural,” she said.
Defense attorney Micha Rinkus began her own line of questioning by presenting Mustapha with photos of various murals she thought Reinhold had painted in different styles
and formats. Mustapha clarified that some of the images shared were not painted by Reinhold, but were murals done by other local artists. Cogliati eventually interrupted the line of questioning to ask Mustapha if she thought Reinhold would charge different prices for projects requiring different layers of color and detail. Mustapha said she does not know, but for her own personal work, she will sometimes take those factors into consideration when billing a customer.
Cogliati closed the hearing by confirming that no decision would be made on Thursday. The next hearing is scheduled for 9 a.m. July 25 where restitution will be discussed further.