A graffiti tagger who is accused of mocking his sentence could see his suspended jail time revoked at a Wednesday court hearing.
A King County judge has ruled against leniency for a Hawaii-based graffiti tagger who prosecutors say violated sentencing terms.
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Kyle McLaughlin, known as “WESH,” is required to spend five months in King County Jail after a hearing Wednesday where prosecutors said he broke conditions while on electronic home monitoring.
McLaughlin, who is currently living in Honolulu, Hawaii, must return to Seattle by Oct. 14.
The court decided he will serve five months in jail, then complete one month of graffiti abatement as part of the remaining six months on his sentence. He must also meet all other previously set requirements.
In an interview with KOMO News after the proceeding, defense attorney Abigail Cromwell described McLaughlin as an artist. She emphasized that, after facing 14 counts in King County earlier this year, all were dismissed. She said he pleaded guilty to one felony and two misdemeanors and argued that, after serving time for the felony, a five-month jail sentence was an “extraordinary amount of time for cases that don’t involve physical harm and have no victims compared with other crimes we see.”
She called the judge fair and careful but was critical of the prosecution for what she insists was an “overly punitive sentence.”
During the hearing, McLaughlin’s attorney told the judge she thought prosecutors were being too punitive for a tagging case and asked for a less severe punishment. She also pointed out that Seattle has other larger or more serious crimes.
“This is the court’s response to behavior that is clearly in defiance of the court’s order and makes a mockery of the sentence the court imposed,” King County Superior Court Judge Kristin Ballinger said. “I accept and agree with the state’s recommendation of five months in the King County Jail. One month remains so we can comply with the 200 hours of abatement still owed to the court.”
The judge rejected this, siding with prosecutors.
"Sorry he has to learn the hard way, but we gave him a chance and he openly mocked us. It's time for him to pay the piper," said Senior Prosecuting Attorney Gary Ernsdorff.
Prosecutors said McLaughlin had previously agreed not to commit new crimes, pay restitution, stay away from victim businesses, and complete graffiti abatement.
They presented still images from a video they say shows McLaughlin, wearing a GPS ankle monitor, spray-painting the “WESH” tag at two locations in Honolulu. Honolulu police confirmed the properties, and a building owner estimated repairs would cost more than $3,000.
King County Prosecuting Attorney Leesa Manion said these cases are about "clear accountability" for people who vandalize public and private property through tagging. "There is a clear distinction between art and the type of graffiti we are talking about today," Manion said.
She added, "Dangling above a freeway to tag traffic signs is not art. Tagging metro buses and Sound Transit cars is not art," Manion said.
McLaughlin was earlier sentenced after pleading guilty to one felony count of criminal sabotage and two counts of third-degree malicious mischief.
The plea agreement had spared him from prison, provided he followed the set conditions.
For now, the judge’s decision means McLaughlin will serve jail time and continue to face other requirements of his original sentence.
