Kevin Cox, the Charlottesville pedestrian advocate criminally charged for making an unauthorized chalk crosswalk, seemed to be careening toward a conviction Thursday when his attorney made a bid that spared him.
With the judge’s and prosector’s agreement, it now appears that if Cox pays the $608 that city officials claim it cost to cover his creation he can walk free.
"We appreciate the consideration by the court that the case involving Mr. Cox has been resolved upon payment of restitution," city spokeswoman Afton Schneider told The Daily Progress in an email. "The City will continue to fund appropriate, legal, and well thought out infrastructure projects to improve the experience and safety for all residents."
But that’s not how Cox sees it.
"I think that any charges or any possible convictions are out of line," Cox told the press Thursday. "I did not deface the street, and that was what this hinged on."
Cox, 72, said he chalked the crosswalk May 17 near the site of a pedestrian’s death last fall to give people another way to cross Elliott Avenue near Downtown and to protest what he sees as the poor treatment of pedestrians.
The trial verdict came in the form of what’s called a "deferred disposition" announced three days after a 90-minute trial which transpired Monday in Charlottesville General District Court. When the case resumed Thursday, Judge Andrew Sneathern began setting the stage for his decision.
"The question before the court is whether you intentionally defaced property belonging to the city," said Sneathern.
"I think you intentionally tried not to destroy property," he continued. "The bottom line is that I don’t think they proved the intentional part."
Just as Cox and his lawyer appeared ready to breathe sighs of relief, the judge kept talking. He said that while the city failed to prove Cox had broken the portion of the law that could see him incarcerated, he did violate another portion.
"In my mind," said Sneathern, "you did deface property."
Sneathern said the testimony of Jeff Lenert, a city project manager, proved pivotal because Lenert testified that Cox’s crosswalk remained visible several weeks past its creation.
"It did in fact stay a very long time," said the judge.
As Sneathern appeared to be finalizing a Class 3 misdemeanor conviction, one punishable only by a fine, Cox’s lawyer suddenly interjected.
"This matter should be taken under advisement," said attorney Peter Frazier, citing Cox’s lack of a criminal history.
"That," replied Assistant Commonwealth’s Attorney Will Tanner in an exasperated tone, "was the offer the whole time."
The parties quickly agreed that if Cox were to pay $608 in restitution and remain on good behavior for 90 days, then the charge would be dropped.
"So that’s what I will do," said the judge.
Outside of court, resentments still simmered.
"This is a travesty of justice," said Bill Nitchman, a downtown property investor.
Others in Cox’s small throng of supporters suggested that in their haste to cover Cox’s crosswalk city officials made a mistake by using paint to cover it.
"From what I heard, no one from the city ever sat down with a brush and some water and tried to just clean the stuff up," former Charlottesville planning commissioner Bill Emory told The Daily Progress. "Instead, they applied paint."
Emory contends that the judge’s allegation about the chalk’s persistence was actually a manifestation of paint’s inability to adhere.
"It helped keep the chalk there longer," said Emory.
Cox and his lawyer said that despite the offer of a jail-free resolution, they were keeping their options open. By early afternoon, Cox had posted on social media that he might still appeal the decision to the circuit court. There, he conceded, a jury might still convict him of the original offense.
"I’m willing to take that chance," he wrote on Facebook.
Having garnered more than $2,000 from a GoFundMe appeal to cover his legal costs, Cox suggested that his activism isn’t over.
"The judge said I have to maintain good behavior," he wrote. "I’m not sure I can handle that requirement."
Source: www.dailyprogress.com
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