LOGAN – Pretrial conferences were held Monday and Tuesday for the three adult individuals arrested in connection to the spree of graffiti vandalism that took place in Cache Valley earlier this year. Matthew Jensen, Andy Chanthalyxay, and Dustin Kirby were arrested on June 13, 2012, and were subsequently charged with numerous counts of graffiti violations, including 2nd and 3rd degree felonies, Class A and Class B misdemeanors. A fourth individual was arrested on the same date in connection with the three others, but remains unnamed due to his minor status.
Each case of the three adult suspects has been continued, as the total monetary value of the damage done is still being finalized. According to defense attorney Wayne Caldwell, who is representing Dustin Kirby, this monetary value will likely decrease significantly from the initial damage reported by the arresting officers.
The weight of the charges is largely determined by the monetary value
of the damage inflicted. Therefore, a reduction of this value would
likely result in a drop in the severity of charges among all
Caldwell estimated that the final restitution value may be as little as one third of what was initially reported. The restitution may be split evenly among the co-defendants, but that matter is yet to be determined.
Dustin Kirby was released from his house arrest condition, so long as he continues to abide by terms of pre-trial supervision. Kirby was also ordered not to possess any kind of paint or spray paint. Kirby also indicated that he has already saved nearly $6,000 to go toward any restitution he may have to pay.
Kirby was charged most heavily, with 151 total charges. Matthew Jensen and Andy Chanthalyxay were charged with 33 and 92 total counts respectively. Caldwell indicated that this disparity in charges may be due to the fact that each case was screened by different individuals in the County Attorney’s office, rather than any one of the co-defendants allegedly being more responsible than the others.
The severity of charges across all co-defendants is raised due to a “gang enhancement” or “group enhancement” that is added when a crime is allegedly carried out by three or more individuals. Kirby, Chanthalyxay, and Jensen are not affiliated with any gangs. There has been no indication, however, that the “group enhancement” tag will be removed.
Jensen will next appear in court on October 1 at 10 a.m. Chanthalyxay will appear on October 2 at 9 a.m. Both Jensen and Chanthalyxay are represented by defense attorney Shannon Demler. Demler was not available for comment at the time of publication. Kirby will appear next on October 22 at 1:30 p.m.
Cache Valley Daily will continue to provide updates on these cases as soon as new details unfold.