Five Individuals Get Pre-trial Probation for Spray-painting Obscenities in the Back Bay

March 22, 2011
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-By Dan Murphy

Five individuals received six months of pre-trial probation in Boston Municipal Court last Tuesday for allegedly spay-painting obscenities in the Back Bay last November.

Dana Cataldo, 25, of Halifax, William Grady, 24 of Milford, Timothy O’Brien, 23, of Hanson, Daniel Craig Shannon, 24 of Plympton and Patricia Nelson, 23, of Jamaica Plain were given stay-away orders from the Back Bay, although Nelson, who works as a bike messenger, is still permitted to pass through the neighborhood for work.

“We do see a fair number of individuals charged with long histories of tagging and other tagging offenses,” said Jake Wark, spokesman for Suffolk County District Attorney Dan Conley. “These individuals don’t appear to be in the same class.”

Before the end of their probation periods, all five individuals are also each mandated to perform 20 hours of community of community service or pay $200 in restitution to Graffiti NABBers, a committee of the non-profit Neighborhood Association of the Back Bay.

Graffiti NABBers co-chair Anne Swanson said, “Once again, we were reminded of the importance of going to court. ADA Adam Foss negotiated with five defense lawyers on our behalf, and Judge Edward Redd acknowledged our presence. Every court case reinforces our message that no one has the right to deface our historic neighborhood, and anyone who is arrested will be prosecuted.”

At around 2:25 a.m. on Nov. 19, officers responded to a call for vandalism in progress at 939 Boylston St., according to a police report obtained by the Sun. On arrival, police found vulgarities, painted in wet blue-colored spray-paint, on the rear of the building, as well as the rear of the building that houses Men Tei Japanese Noodle Café, which is located directly across from 939 Boylston St. on Hereford Street.

A witness also told police that he saw five individuals, one of whom was female, defacing the buildings with spray-paint and jumping on a car from his rear window.

The officers stopped four suspects in the rear of 951 Boylston St. Meanwhile, a fifth suspect, later identified as Nelson, fled the area on a bicycle in the direction of Boylston Street before crashing into a police car.

During a threshold inquiry, police observed paint on Nelson’s clothing and on the hands of the four male suspects.            Police also located a can of blue spray-paint near fresh graffiti in the rear of 952 Boylston St. and removed a spray-paint marker from Nelson’s pockets during booking. Both items were logged in as evidence.

All five suspects were charged with damage to property for graffiti/tagging. Shannon was also charged with resisting arrest after he refused to take his hands out of his pockets during handcuffing and several officers had to restrain him.

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