Vandal gets 90 days for spray-paint graffiti
By STEPHEN T. WATSON
News Staff Reporter
11/21/2006


Eric P. Osborne must pay restitution.

A graffiti vandal suspected of defacing nearly 100 buildings in Buffalo was sentenced Monday to 90 days in jail.
Eric P. Osborne, 23, also was ordered by State Supreme Court Justice Penny M. Wolfgang to serve five years of probation, pay $360 in restitution and spend 40 hours removing graffiti, the Erie County District Attorney's office reported.

The former Buffalo State College student, who was known for his graffiti signature "Meth," had pleaded guilty July 28 to felony criminal mischief in the closely watched case.

"I think the court's message got through loud and clear that this is something that isn't going to be tolerated," District Attorney Frank J. Clark said Monday. Deputy District Attorney Molly Musarra prosecuted the case.

Osborne, a resident of Lima in Livingston County, was charged for his role in spray-painting the Ferguson Electric Construction Co.'s Ellicott Street building Jan. 30. He was caught at the site with five cans of spray paint.

Area business owners and community leaders applauded Osborne's arrest.

Christopher A. Fargo, also 23, was arrested with Osborne and earlier pleaded guilty to a felony criminal mischief charge. He was sentenced in July to probation and time served.

Osborne and Fargo are the first two people in the area in recent memory to plead guilty to felonies for vandalism, prosecutors have said.

Clark refused to plea bargain with the pair, and he promised Monday to continue to take a tough line with graffiti vandals.

Osborne's attorney said the sentence was too harsh considering his client's lack of a criminal record, the strong support Osborne had from friends and acquaintances and his willingness to make financial amends.

Also, the Livingston County probation department recommended against further jail time in its presentencing investigation, Osborne's attorney, Frank M. Bogulski said.

Osborne, who works full time for a landscaping company in Lima, plans to finish college at a Rochester-area school.

He did not admit to marring all of the "Meth"-tagged buildings, Bogulski noted.

"He's a responsible young man [who's] about to have a college degree. He wants to serve his sentence and move on and put this behind him," the lawyer said.