PARK CITY -- A judge has issued an arrest warrant for a man accused of defacing a pair of works by the mysterious graffiti artist known as Banksy.
The warrant was issued during what was expected to be a brief, routine hearing, but 3rd District Court Judge Todd Shaughnessy was apparently unhappy that David Noll failed to appear.
"So where's Mr. Noll today?" the judge asked his lawyer, Brennon Fuelling.
"He's in California. He's on parole there and is prepared to come up that the moment that the number is here to enter a plea of guilty," Fuelling said, referring to a restitution amount.
"Well, I think the last time we were here I ordered him to be here today," Shaughnessy replied.
The judge said he was "very explicit" about Noll needing to appear in court and despite pleas from the defense, he issued a $25,000 cash-only warrant for Noll's arrest. The warrant appeared to stun both prosecutors and the defense.
After a few minutes, Fuelling asked Summit County Attorney David Brickey to come into court with him, apparently in an effort to persuade the judge to recall the warrant.
It didn't work.
After a few minutes huddling, Judge Shaughnessy announced to the court he would not recall the warrant. The judge had scheduled a disposition hearing for Sept. 15, where Noll is expected to strike a plea deal with prosecutors.
"The judge made it very clear the last time we were in court that he wanted him here," Brickey told FOX 13 outside court. "He did not show up."
Noll's defense attorney declined to comment as he left the courthouse.
Noll is charged with second-degree felony criminal mischief, accused of damaging two pieces of work painted on Park City buildings by the mysterious artist Banksy. One, showing a boy as an angel, is on a parking garage; the other depicting a filmmaker, is in an alley outside Java Cow.
The works appeared during the 2010 Sundance Film Festival, where a documentary about Banksy premiered. But the property owners do not consider Banksy's graffiti to be vandalism, Brickey said.
"I think the property owners are the ones who have made the decision they like that," he told FOX 13. "In their opinion, it's art. It's not for me to judge what someone else thinks is art on their property."
Works by Banksy have sold for hundreds of thousands of dollars.
Park City police allege Noll filmed himself vandalizing the art, suggesting in the rantings on YouTube that he was jealous of Banksy's success. In court, the defense said Noll's family is willing to pay full restitution. Prosecutors said damage is estimated to be as high as $17,000.
Noll was also convicted in California of damaging a pair of Banksy works in the Los Angeles area.
