WINNEMUCCA - Three young men who caused thousands of dollars of damage with spray paint were ordered to start paying restitution or face contempt charges.
Kevin Pasquale, chief deputy district attorney for Humboldt County, said at a show cause hearing last week in Union Township Justice Court that, except for $100, the three haven't paid any restitution ordered by the court.
The total amount of restitution was $6,725. A juvenile co-offender involved in the case paid $900, leaving a balance of $5,825, Pasquale said.
The three adult defendants - Jose Garcia, Eddie Magana and Jose Paniagua - were charged with graffiti and defacing property at the Warmouth subdivision in the Water Canyon area in November of 2010, according to court records. They were initially charged with felony graffiti, which was later amended by prosecutors to a misdemeanor.
Pasquale said he requested the court hearing with all three defendants together to resolve the restitution issue.
"I think we need a payment schedule, your honor, because things haven't exactly worked out the way we intended," he said.
Public Defender Matt Stermitz, who represented one of the three defendants at the hearing, said a payment plan was in order so that "everybody will know the consequences in the future of not paying."
Senior Judge Edward Johnson ordered each defendant to pay $1,941 through the district attorney's office at $100 per month starting May 31.
When asked by Judge Johnson, the defendants said they have been staying out of trouble and would pay the restitution.
"So we're not going to see you back in court again, right?" The judge said. "We're not going to have to come back on another show cause hearing, is that correct?"
Johnson said he found each defendant was in contempt of court for not doing what they were ordered to do in August, which was to pay restitution. He spelled out the potential penalties for contempt, which can include fines and or time in the county jail, if the court order is not followed.
"So let's get with it. You guys get on with your lives. You're young men - get this thing paid off," the judge said. "You owe it. You're going to pay it. You might as well do it the easy way rather than do jail time and then still have to pay it."
He also ordered one of the defendants to enroll in a GED program by the end of May.
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