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Graffiti vandal draws stiff sentence
Friday, July 25, 2008

Graffiti writer Daniel Montano was sentenced yesterday in the criminal division of Allegheny County Common Pleas Court to 21/2 to 5 years in prison, 10 years probation, a restitution of more than $232,000 and 2,500 hours of community service.

The severity of the sentence was a surprise to some and a first for criminal mischief, but three counts were third-degree felonies.

Judge Kevin G. Sasinoski called it "a very difficult case with a lot of uniqueness," including that the defendants' parents appeared in court to speak on behalf of their son. Joanne Lagratta, of San Francisco, and Luis Montano, of Highland Park, pleaded for leniency, as did Mr. Montano's brother, David Montano, and several family friends.

The 22-year-old Highland Park resident and former student of the Art Institute of San Francisco, is, "to our knowledge, the largest graffiti prosecution in the U.S.," said Detective Dan Sullivan of the Pittsburgh Police Bureau's Graffiti Task Force.

"My partners and I expected maybe a year in the county jail," he said. "For him to receive a state sentence basically tells the citizens and police officers that graffiti will not be tolerated anymore. Apparently judges are taking it seriously now."

Asked if the family had any comment, Ms. Lagratta, her eyes glistening with tears, shook her head.

In May, Mr. Montano pleaded guilty to 79 counts of vandalizing buildings and other property. Judge Sasinowski yesterday sentenced him seven of those counts.

Restitution for Mr. Montano's spray-painting throughout East End neighborhoods and the South Side over the past three years is owed largely to the city of Pittsburgh -- $141,115 -- and Allegheny County Port Authority -- $56,800, calculated on a square-foot formula, said Mr. Montano's attorney, William Cercone Jr.

He argued yesterday, however, that "no one in this courtroom or even this building could begin to pay this. As there is no debtors' prison, [this restitution] puts him on probation for the rest of his life."

Mr. Cercone argued that his client's addiction to numerous drugs -- including Vicodin, Xanax, cocaine, heroin and marijuana -- and a bipolar personality sent a talented, good son on a destructive course.

Mr. Montano has spent the last six months in the Allegheny County Jail, with an evaluation and stay at Mayview State Hospital.

"I see a different young man on my right than I did six months ago," Mr. Cercone told the court. "Give him the opportunity to keep it going."

Assistant District Attorney Matthew Robinowitz said Mr. Montano "has been given chances before."

With two juvenile arrests before 2005, he was arrested that August for tagging in East Liberty. He was held for trial the next January for tags at 70 locations. The next August, after a general guilty plea for three offenses and serving five days in jail, he was released with no probation and a restitution of $1,001.

Prosecutors, property owners and neighborhood advocates were outraged.

"In 2006, he gets a break at five days time served and when he gets out, it's bigger and better than ever," said Mr. Robinowitz, citing the sprawl of his work, from East Liberty and Shadyside to the Strip and Lawrenceville. "What he learned was, 'I guess I can get away with it,' and extends his operation."

Mr. Montano, with 33 counts of criminal mischief against him, was free on bail awaiting trial when he turned himself in on Jan. 16.

He was jailed on $50,000 straight bond and missed the opening of an art show at the Mattress Factory earlier this year that featured the works of 19 artists, including Mr. Montano.

Yesterday in court, Mr. Montano said he had "a loss of touch with reality" and that the six months he has spent in the Allegheny County Jail "has been good for me. I am now clear-headed. I lost my family, my freedom and my choices, and having that taken away made me realize what I should be doing. I've wanted to be an artist my whole life.

"I want to apologize to everyone I hurt. I know my family has suffered a lot because of my actions," he said. "I am willing, ready, even eager at this point to make reparation. A healthy dose of pain was what I needed."

Mr. Cercone presented letters in support of his client, including one from Heather Pesanti, assistant curator of contemporary art at the Carnegie Museum of Art who curated the Mattress Factory show. Mr. Cercone said the punishment "should not outweigh the crime." He asked for $50,000 straight bond and an electronic monitor.

"I think Mr. Montano is not going to learn his lesson," said Mr. Robinowitz. "This is an issue of punishment, regardless of his talent."

Judge Sasinoski eschewed the defense's contention that substance abuse was a cause. "I'm not sure about the nexis between drug addiction and vandalism."

"You appear not to have any respect for anyone else's property," he told Mr. Montano. After sentencing, he said, "Mr. Montano, good luck to you." At age 22, "you still have the opportunity to pay your debt to society."

Diana Nelson Jones can be reached at djones@post-gazette.com or 412-263-1626.
First published on July 25, 2008 at 12:00 am