Santa Cruz judge to decide value of defaced Black Lives Matter painting
SANTA CRUZ — A judge Monday morning is set to determine the value of a downtown city street painting of the words “Black Lives Matter,” which was defaced a year ago.
Contrary to standard court procedure, Santa Cruz County Superior Court Judge Syda Cogliati is holding restitution hearings, at the request of defense counsel, prior to an outcome in the felony vandalism and hate crime case. Santa Cruz police officers have testified that defendants Brandon Bochat, 21, of Santa Cruz, and Hagan Warner, 20, of Boulder Creek, each admitted after their arrests to marking up the painting, though each subsequently pleaded not guilty to the crimes.
Defense attorney Micha Rinkus, representing Bochat, said during the case’s Dec. 15 preliminary hearing that she hoped “to resolve this matter without having to go to trial and all that entails.”
During a June 2 restitution hearing, Cogliati heard testimony on the value of the painting and ordered the prosecution and two defense attorneys to follow up with separate case briefings to argue proposed restitution dollar amounts in time for Monday’s decision. In his filing, Santa Cruz County Assistant District Attorney Michael Mahan argued the value of the painting’s replacement, based on testimony, should be set at nearly $89,000, a price tag including power washing, city permits, paint supplies, artists’ time and street closures. At a rate of $30-per-square-foot for a 2,750-square-foot painting, the artists’ fee comprised the bulk of the estimate — $82,500. That amount was down from an earlier city estimate of approximately $115,000.
Defense attorney Ed Sidawi, representing Warner, said he was arguing that restitution be set at the cost only of permit fees and paint, because “the court can’t give speculative restitution. It can only give restitution on economic loss.” A similar filing on Bochat’s behalf was not immediately available Friday.
‘More than ‘paint on the street’ ‘
The privately funded Black Lives Matter painting initially was created in September 2020 in front of Santa Cruz City Hall as an effort by community volunteers, under the oversight and direction of local artists donating their time. In June 2021, a group of the original organizers led the effort by the artist collective Made Fresh Crew to refresh the painting, part of a planned annual celebration and community conversation. Slightly more than a month later, two different drivers in a pickup truck with an American flag mounted in its rear bed each took a pass over the painting, leaving dark rubber burnout marks behind, according to witness testimony of City Hall video surveillance.
Attorneys for Bochat and Warner have questioned the proposed high cost to repair or replace the painting.
In a letter sent to the court through Mahan this month and signed by 44 supporters, the authors write in support of a higher restitution amount in the case, citing the cultural and historical significance of the artwork. The street painting was approved and permitted by the Santa Cruz City Council “during a pivotal time of national reckoning and uprisings regarding racial justice and police brutality,” according to the letter.
“This was much more than ‘paint on the street.’ This was a significant piece of artwork for our entire community, and especially for Black community,” the community letter states. “This piece symbolized safety, belonging, and community care — other groups have specifically held events at the site of this mural for that reason — and, from that perspective, this mural is priceless.”
Calls for restorative justice
Several community members who have spoken out on this case have pushed the Santa Cruz County District Attorney’s Office to find an outcome reflecting the restorative justice model, which typically aims to restore public trust through direct interaction between victims and perpetrators.
Artist Abi Mustapha, who was inspired to propose the Black Lives Matters effort in Santa Cruz after seeing a similar artwork in Oakland, described the painting as a “gut punch to some very old wounds. She also has backed a restorative justice approach.
“As members of our community they deserve a chance to apologize and make amends just as much as I and others deserve an apology,” Mustapha wrote to the court. “We all deserve a chance at reconciliation. This is how I would want to be treated if I were in their shoes.”
The defense attorneys have argued that the vandalism involved their clients’ contempt for Black Lives Matter as a political movement, rather than as an act rooted in racism. During the case’s preliminary hearing in December, footage taken from Bochat’s video and chat social media account Snapchat allegedly depicts Bochat driving Warner’s truck over the painting while Warner and several juveniles yell “white power” and motion Nazi salutes. Warner also is allegedly heard saying “heil Hitler,” according to testimony.
Monday’s hearing is set to take place at 9 a.m. in Department 6 at the Santa Cruz courthouse.