While it's still illegal in Portland, the city is apparently somewhat tolerant of graffiti artists leaving their mark on public and private buildings. So when a 21-year-old Portland tagging artist opted to do the same thing in Rexburg, he didn't think it would be that big of a deal.
Unfortunately for him, it was, and as a result, he found himself standing before 7th District Judge Dane Watkins accepting a plea agreement for having done so.
Eston Allred and his attorney, Trent Grant, met before Seventh District Judge Dane Watkins on Monday at the Madison County Courthouse, where Allred pleaded guilty to felony malicious injury to property in exchange for the state dismissing misdemeanor charges involving possession of a Schedule V or VI controlled substance with intent to deliver and drug paraphernalia with intent to deliver.
"In Portland, there is a lot of tagging and spray paint types of things in some parts," Grant said. "It's considered artistic. He was here attending school and had tagged items in Oregon. I can understand where that's very common — he's young and on his own — and engaged in similar conduct."
Grant told Watkins that Allred had been cooperative in the investigation. He asked that any sentence Watkins gave Allred be suspended in favor of probation. Allred had turned himself in and served 65 days — five days more than required at the time.
"Easton is a good young man," Grant said. "This is an issue of maturity rather than criminal thinking. He has learned a great deal since this incident."
Madison County Prosecutor Rob Wood said he would submit a restitution amount in 30 days.
"Just note this was multiple sites of graffiti and damage to other people's property," he said.
Wood asked for a one-year fixed and a one-year indeterminate sentence to be suspended in place of probation.
Allred also spoke and promised Watkins he would not commit any more crimes.
"I would like to say, first of all, that no matter what the outcome, you'll never see me here or in any other courtroom again," he said. "I was unaware of the impact of my actions on other people."
Watkins noted that Allred's parents had driven down from Portland to be with him.
"Thank you for being by his side," Watkins said.
Allred told Watkins that he planned to stay with friends and look for a job in Madison County while waiting for his interstate compact to be approved.
Watkins asked him what he enjoyed about Portland.
"I really love the people," Allred said. "I spent a lot of time working there and spent a lot of years working as an overnight manager at McDonald's. I enjoy talking to and meeting people there."
Watkins also asked him what he liked about Rexburg. Allred said he enjoyed the region's beauty and that people had been very kind to him.
"People go out of their way to help any way they can," he said.
Watkins told him that he loved Portland as well and then asked Allred how different Teton National Park would look if someone decided to spray graffiti throughout the park. Allred agreed it would look terrible.
"This was malicious injury to property," he said. "You did it not once, not twice, but dozens of times in places."
Allred was asked to write an apology letter to his victims, and Allred said he had done so for some of them.
"I can assure you, it's no small thing," Watkins said. "Tagging and destruction of property is the beginning of the breakdown of society as we enjoy it here locally."
Allred had inadvertently wound up serving 65 days in jail, and Grant explained that issues outside his control caused the delay in his client's release.
Watkins then told Allred he could thank Grant for the extra five days.
"The court was going to impose five more days," he said. "You've made yourself accountable. I hope this is a learning experience for you."
Watkins said he needed to focus on Allred's rehabilitation and that it would be a maturing process for him. Watkins also asked him what consequences he had experienced because of his behavior.
"Hearing from the victims and hearing their side of the story," he said. "It was getting kicked out of school, getting kicked out of housing and being separated from my girlfriend while I was in jail."
Allred was then sentenced to 18 months in prison, fixed, and another 18 months indeterminate. Watkins then suspended the sentence and ordered Allred to serve three years of felony probation. He will also have to pay $1,000 in court costs, contribute to the victims' relief fund and pay any restitution.
Watkins also suggested he transfer his graffiti skills to a more wholesome outlet.
"Hang a sheet outside your parents' garage, take a picture and post it on social media," he said. "Who knows, maybe you'll make some money off of it."