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Tagging paints a stiff penalty for 17-year-old
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| Scott Badgley stands in front of the fence he spray painted last month in the Fox Run subdivision in Spring. |
By Lucretia Fernandez
SOUTH COUNTY – When deputies showed up at a 17-year-old Oak Ridge High School student’s door, the last thing he expected was to face felony charges, his mother said.
Scott Badgley and a 16-year-old friend are accused of spray painting graffiti on a building and fence by the Fox Run subdivision’s pool, Montgomery County Sheriff’s Lt. Joe Sclider said. With estimated damages around $3,000, the criminal mischief charge was upgraded to a state jail felony. Badgley was charged as an adult, while his friend is considered a juvenile.
A Montgomery County grand jury indicted Badgley July 17, a month after the alleged incident occurred.
Although Julie Poff, Badgley’s mother, said her son was caught on tape by cameras surrounding the community pool, she was surprised about the severity of the charges. If convicted, a state jail felony is punishable by 180 days to two years in jail and a fine of up to $10,000.
Badgley said he painted the word “Doce” on the fence.
“It’s our crew name ... about 20 guys,” said Badgley, who said the group is not a gang. “We spray paint.”
He and his mother said there was nothing offensive or vulgar spray painted.
“He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right,” Poff said. “I think there is so much going on in the area that he’s being made an example of. … He painted something and, a couple of days later, someone else painted over it.”
The family recently moved to the Fox Run neighborhood, and the incident is not the impression she wanted to give the community.
“Scott did it late at night, because we didn’t know he had snuck out of the house,” Poff said.
The Fox Run Property Owners Association pressed the charges, she said.
She is hopeful Badgley’s charge is dropped to a misdemeanor because the paint was removed from the fence and building by a power washer, and it just needs a bit of paint.
“It was ... all up and down the main boulevard on Fox Run, Poff said. “My son volunteered to clean it off, and they told him no.”
Charges regarding graffiti are based on repair estimates collected by law enforcement, Sclider said. Deputies call several companies to determine how much it will cost to make a spray painted area look as it did before.
“It’s not just the power washing; you have to be able to match the paint,” Sclider said. “We had a house in The Woodlands with a painted driveway that was egged, and it was the same type of incident. We had to go ask for a couple estimates for power-washing and painting.”
The repair estimates determine the charges a person can face, he said. Graffiti is criminal mischief, a Class C misdemeanor if the damage is less than $50, according to the Texas Penal Code. If the damage is at least $50 but less than $500, the charge is a Class B misdemeanor. And, if the damage is at least $500 but less than $1,500, it is a Class A misdemeanor.
A state jail felony charge means the estimated damage is at least $1,500 but less than $20,000.
While Sclider doesn’t believe graffiti is any more of a problem now than in recent years, he said the Sheriff’s Office takes property damage seriously.
Whether Badgley has learned anything from this is still up in the air, his mother said.
“As of this point, I don’t think he’s learned anything from it,” Poff said. “I don’t think it’s done anything for him. We’re not doing any more spray painting. ... I wish it would have woke him up spending three days in jail, but it hasn’t. I hope it wakes him.”
Scott Badgley and a 16-year-old friend are accused of spray painting graffiti on a building and fence by the Fox Run subdivision’s pool, Montgomery County Sheriff’s Lt. Joe Sclider said. With estimated damages around $3,000, the criminal mischief charge was upgraded to a state jail felony. Badgley was charged as an adult, while his friend is considered a juvenile.
A Montgomery County grand jury indicted Badgley July 17, a month after the alleged incident occurred.
Although Julie Poff, Badgley’s mother, said her son was caught on tape by cameras surrounding the community pool, she was surprised about the severity of the charges. If convicted, a state jail felony is punishable by 180 days to two years in jail and a fine of up to $10,000.
Badgley said he painted the word “Doce” on the fence.
“It’s our crew name ... about 20 guys,” said Badgley, who said the group is not a gang. “We spray paint.”
He and his mother said there was nothing offensive or vulgar spray painted.
“He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right,” Poff said. “I think there is so much going on in the area that he’s being made an example of. … He painted something and, a couple of days later, someone else painted over it.”
The family recently moved to the Fox Run neighborhood, and the incident is not the impression she wanted to give the community.
“Scott did it late at night, because we didn’t know he had snuck out of the house,” Poff said.
The Fox Run Property Owners Association pressed the charges, she said.
She is hopeful Badgley’s charge is dropped to a misdemeanor because the paint was removed from the fence and building by a power washer, and it just needs a bit of paint.
“It was ... all up and down the main boulevard on Fox Run, Poff said. “My son volunteered to clean it off, and they told him no.”
Charges regarding graffiti are based on repair estimates collected by law enforcement, Sclider said. Deputies call several companies to determine how much it will cost to make a spray painted area look as it did before.
“It’s not just the power washing; you have to be able to match the paint,” Sclider said. “We had a house in The Woodlands with a painted driveway that was egged, and it was the same type of incident. We had to go ask for a couple estimates for power-washing and painting.”
The repair estimates determine the charges a person can face, he said. Graffiti is criminal mischief, a Class C misdemeanor if the damage is less than $50, according to the Texas Penal Code. If the damage is at least $50 but less than $500, the charge is a Class B misdemeanor. And, if the damage is at least $500 but less than $1,500, it is a Class A misdemeanor.
A state jail felony charge means the estimated damage is at least $1,500 but less than $20,000.
While Sclider doesn’t believe graffiti is any more of a problem now than in recent years, he said the Sheriff’s Office takes property damage seriously.
Whether Badgley has learned anything from this is still up in the air, his mother said.
“As of this point, I don’t think he’s learned anything from it,” Poff said. “I don’t think it’s done anything for him. We’re not doing any more spray painting. ... I wish it would have woke him up spending three days in jail, but it hasn’t. I hope it wakes him.”
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Reader Comments
Whiskyecho wrote on Jul 31, 2008 6:46 AM:
" Not only "done her job in the first place" but spewing trash like:..
“He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right”
and then goes on to say:..
"there was nothing offensive or vulgar spray painted" - wrong mommy - what junior did "is punishable by 180 days to two years in jail and a fine of up to $10,000"
I'd say junior will find that both offensive AND vulgar when he gets "tagged" with some of it.
(he ought to get an extra 180 day just for the twerpie obnoxious "pose" he's defiantly making in the above pic).. "
“He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right”
and then goes on to say:..
"there was nothing offensive or vulgar spray painted" - wrong mommy - what junior did "is punishable by 180 days to two years in jail and a fine of up to $10,000"
I'd say junior will find that both offensive AND vulgar when he gets "tagged" with some of it.
(he ought to get an extra 180 day just for the twerpie obnoxious "pose" he's defiantly making in the above pic).. "
mdonn wrote on Jul 31, 2008 8:10 AM:
" “He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right,” Poff said. “I think there is so much going on in the area that he’s being made an example of. … He painted something and, a couple of days later, someone else painted over it.”
So what we are saying is normal teenagers destroy others property. I'm taking mine to a shrink right now. Thanks for letting me know they are not normal because they have respect for others things. "
So what we are saying is normal teenagers destroy others property. I'm taking mine to a shrink right now. Thanks for letting me know they are not normal because they have respect for others things. "
gopher2 wrote on Jul 31, 2008 8:10 AM:
" Stick it to him. Mamma making excuses to justify what was done. Keep it as a felony. This nonsence cost people money, even if removed. Just another not paying attention to what the kids are doing problem, which is the case and not just in this county. Surley, he can find something to do with his spare time than to be destructive. He is 17, so he should have a job some where. I raised three kids and never had to worry about what they were doing and now they have their own and have the same values. If you do want to do the time or pay the penalty, don't do the crime. The bill of the cap goes in front or does he not know that? Not a member of a gang. If it looks, walks and sounds like duck, then what is it. "
gottago3 wrote on Jul 31, 2008 8:24 AM:
" gopher2, you are dead on. Not only are kids like this a problem, but the parents are just as bad. This kid's dad should have taken him out behind the barn years earlier and introduced him to the board on knowledge. I know my dad would have. As a matter of fact, he did, and more than once. I'm a better person because of it, too. Do you think the kid waddles when he walks and quacks? "
mkv001 wrote on Jul 31, 2008 10:35 AM:
" I am so disappointed in the comments of this mom in the article. Normal parents don't say things like “He’s just a normal teenager out having fun, tagging stuff as they do – not to say it was right,” and she also admitts at the end of the article that she does not think that he learned anything from this. I think this mother is more worried about the fact that it will probably cost her money to repair the damage and hire an attorney (though she doesn't say t hat in this article) you know that it will cost her money and that is probably the rut of her aggravation. If that was my kid I would have told the police to give me about five minutes with him and after I beat the crap out of him I would have let them take him to jail to see how the big boys live! She probably bonded him out so that he could have some more fun being a teenager and tagging things as they all do. Well I have news for you lady my teenager is normal and he don't destroy others property! If he ever does he will pay the price by me and the police. You need to spend a little more time and money getting help for your child and teaching him that tagging is not cool or acceptable and a little less time defending your total brat! I certainly would not have allowed him to dress or pose the way that he did for this picture. He looks like a thug and I know that others are dressing like that and acting like that and you think it is totally acceptable because others are doing it, but it is not! I don't usually blast the parents on articles like this because we all know that when our kids leave the house we have no control..... "
mkv001 wrote on Jul 31, 2008 10:39 AM:
" By the way I hope they don't lower the charge and he has to go spend some time in the big house with the other normal kids that do these types of things! Especially if he hasn't learned his lesson! You obviously have had alot of trouble with this kid if you are making comments like you hope it wakes him up! Let the law take care of him and he will hopefully straighten up when the decisions do not fall in your lap of punishment. You obviously do not know how to handle this kid anymore and are at your wits end! "
banks67 wrote on Jul 31, 2008 11:32 AM:
" IMHO, they will do nothing to this kid cause he is white and has money. I say this cause I know how the courts are there in Montgomery County. I feel they should hang his butt and put him in jail and make him work off the fines and damages. As for his parents they need to be held responsible for thier kids actions and fine them or put them in jail too. But all he will get is a slap on the hand and told don't do this again.. "
sweetness54 wrote on Jul 31, 2008 2:00 PM:
" It's evident Mrs. Poff passed her big Ego and lack of character onto her son!
The fact she's still making excuses and not furious with her son is proof enough for me!
Keep making excuses Mom, your son defaced public property because he felt the need to self-express but was never taught respect...period!
When the DA throws the book at him and his cohort...maybe...just maybe, you and all the other parents who think we should tolerate such behavior from their precious darlings, will come to realize you owed it to your child to teach them to be good citizens first and you BLEW IT!
You're in the minority here Mrs. Poff, the public is sick and tired of selfish, self-centered, entitled prima donas like your son destroying private property because they've not been taught impulse control!
I hope this costs you in the pocket book, seems that's the only way some parents learn a lesson. "
The fact she's still making excuses and not furious with her son is proof enough for me!
Keep making excuses Mom, your son defaced public property because he felt the need to self-express but was never taught respect...period!
When the DA throws the book at him and his cohort...maybe...just maybe, you and all the other parents who think we should tolerate such behavior from their precious darlings, will come to realize you owed it to your child to teach them to be good citizens first and you BLEW IT!
You're in the minority here Mrs. Poff, the public is sick and tired of selfish, self-centered, entitled prima donas like your son destroying private property because they've not been taught impulse control!
I hope this costs you in the pocket book, seems that's the only way some parents learn a lesson. "
TINEY wrote on Jul 31, 2008 3:43 PM:
" I live in that neighborhood and I cannot begin to tell you how angry I was when I saw that someone had tagged not only fences, but the streets and some new constuction that was going on. Ms. Poff if you have no problem with your son tagging things...then let him tag your things and not everyone elses. We work hard for what belongs to us and we do not want punks like your son coming along and "marking" it. He needs to learn respect for other peoples property. It is a shame that you cannot teach him that; so lets let the criminal court system teach him. I would be so embarrassed if that was my child. I would have had him out there cleaning it up. I have raised 2 children and they never considered writing on things that did not belong to them. "
seacat162 wrote on Jul 31, 2008 4:59 PM:
" It is just Montgomery County's way of making money. I am not saying what the boy done was right, I am just saying Montgomery County does anything they can to make a dime. And parents that love there children take up for them and stand by them no matter what! "
batgirl wrote on Jul 31, 2008 8:01 PM:
" Good to go!! I too hope the charges STICK! In regards to the parents that think it's not a big deal and the charges are to harse...just wait until YOUR PROPERTY is tagged! And no this is not a case of a county trying to "make a dime"...he committed a freakin crime and needs to face the consequences! Tagging is rampant in South Texas and I am THANKFUL that the Houston area hasn't reached that point. Yes there are certain parts of the cities that have tagging...but not the entire area! "
mrs. do gooder wrote on Jul 31, 2008 9:18 PM:
" Scott, your crew, or group, of 20 guys, IS A GANG! Time to grow up. "
mrs. do gooder wrote on Jul 31, 2008 10:50 PM:
" Ms. Poff, are you okay not to see this is not normal? Tagging is vandalism in any form of the word. Just like your son wants to say he is not in a gang, with 20 guys in his group that he calls his crew. He can Doce=E=Do to jail for all this community cares because of you and his attitudes.
So you think you can make up different words and call it something else, and think it is okay? It is not. Your son is not a hero and I am ANGRY at the COURIER for pasteing his face in the photo looking like he is a thug, acting like HE was wronged. He is a minor, what is the newspaper doing showing his photo, so he can advertise his group even more? The newspaper is in error to do that, as you are in error to justify your son's crimes. Then you say your son has NOT LEARNED ANYTHING after this?? Who's idea was it to call the newspaper in the first place, yours or your no good sons?
Courier: take responsibility for posting garbage stories which try to make the villian out to be a victim. "
So you think you can make up different words and call it something else, and think it is okay? It is not. Your son is not a hero and I am ANGRY at the COURIER for pasteing his face in the photo looking like he is a thug, acting like HE was wronged. He is a minor, what is the newspaper doing showing his photo, so he can advertise his group even more? The newspaper is in error to do that, as you are in error to justify your son's crimes. Then you say your son has NOT LEARNED ANYTHING after this?? Who's idea was it to call the newspaper in the first place, yours or your no good sons?
Courier: take responsibility for posting garbage stories which try to make the villian out to be a victim. "
Barbosa wrote on Aug 1, 2008 5:04 AM:
" I read this story at work last night and could'nt wait to share my thoughts!!...He's whut i call a P.A.B..[punk.a88.Bit23]!!!,I have raised 2 Boys and neither 1 of them would ever do sum crap like this!!, he should get the max for whut he did!, and them some!!...my neighborhood has vadialisum all through it due to P.A.B's,which repairs come from my Assoc. dues,...lock his butt up!!...and find the crap outta his "mother"!!,not in a "gang"...are yoo kiddin' me!!!??...he looks like a potential copper thief 2 me!! "
082361aug wrote on Aug 1, 2008 9:57 AM:
" Somaeone tell himm his gangs name is spelled DOUCHE not doue. "
cc/conroe wrote on Aug 1, 2008 12:15 PM:
" Ah yes! Would he have "cleaned it up" if he had not been caught? I am going to offer accountability classes for people such as these. I will make a million dollars! "
mdonn wrote on Aug 1, 2008 1:31 PM:
" http://www.chron.com/disp/story.mpl/ap/nation/5919412.html
Graffiti vandals turn violent in LA
By THOMAS WATKINS Associated Press Writer © 2008 The Associated Press
Aug. 1, 2008, 11:32AM
LOS ANGELES — One man got stabbed. Another got shot in the chest. A 6-year-old boy was temporarily blinded when he was spray-painted in the face.
And they were the lucky ones among those who have had run-ins with graffiti "crews," or gangs.
Over the past 2 1/2 years in Southern California, three people have been killed after trying to stop graffiti vandals in the act. A fourth died after being shot while watching a confrontation between crews in a park.
Normal TEENS? "
Graffiti vandals turn violent in LA
By THOMAS WATKINS Associated Press Writer © 2008 The Associated Press
Aug. 1, 2008, 11:32AM
LOS ANGELES — One man got stabbed. Another got shot in the chest. A 6-year-old boy was temporarily blinded when he was spray-painted in the face.
And they were the lucky ones among those who have had run-ins with graffiti "crews," or gangs.
Over the past 2 1/2 years in Southern California, three people have been killed after trying to stop graffiti vandals in the act. A fourth died after being shot while watching a confrontation between crews in a park.
Normal TEENS? "
mdonn wrote on Aug 1, 2008 2:04 PM:
" http://www.chron.com/disp/story.mpl/ap/nation/5919412.html
Graffiti vandals turn violent in LA
By THOMAS WATKINS Associated Press Writer © 2008 The Associated Press
Aug. 1, 2008, 11:32AM
LOS ANGELES — One man got stabbed. Another got shot in the chest. A 6-year-old boy was temporarily blinded when he was spray-painted in the face.
And they were the lucky ones among those who have had run-ins with graffiti "crews," or gangs.
Over the past 2 1/2 years in Southern California, three people have been killed after trying to stop graffiti vandals in the act. A fourth died after being shot while watching a confrontation between crews in a park.
Normal TEENS? "
Graffiti vandals turn violent in LA
By THOMAS WATKINS Associated Press Writer © 2008 The Associated Press
Aug. 1, 2008, 11:32AM
LOS ANGELES — One man got stabbed. Another got shot in the chest. A 6-year-old boy was temporarily blinded when he was spray-painted in the face.
And they were the lucky ones among those who have had run-ins with graffiti "crews," or gangs.
Over the past 2 1/2 years in Southern California, three people have been killed after trying to stop graffiti vandals in the act. A fourth died after being shot while watching a confrontation between crews in a park.
Normal TEENS? "
cc/conroe wrote on Aug 1, 2008 5:00 PM:
" Well my last comment on acountability never posted. So here's another one....I wonder if he would have been "sorry" or cleaned up his mess had he not been caught? There's an interesting story on the consolidated website about "taggers" in Los Angeles and how "crews" are another word for gangs. It also talks about the 30 million they have spent to stop it. Worth a read. "
lazyeclamranch wrote on Aug 1, 2008 10:06 PM:
" This is why single mothers should not raise boys. With out a dad, they grow up to be punks. "
flamingoMill wrote on Aug 2, 2008 12:35 PM:
" I completely agree with the previous comments and wanted to add one more thought. Criminals normally start out with small crimes such as this one. Unless he accepts responsibility for this incident (destroying property of others) and learns a lesson the next crime will be something like possession of marijuana and then after that it will be something bigger like theft or DWI. And from there possibly something bigger. What's his mother gonna say then? That those things are "normal" also? "
mrs. do gooder wrote on Aug 2, 2008 1:24 PM:
" Wrong thing to give this boy and his "crew" (non-gang gang group) attention from this article. I can't believe the Courier would print this garbage. He could not of paid for better advertising, with a color photo and gangster pose to boot. Hope the Editor reads my angry letter about how irresponsible it is to print this trash. Just stick to the article and the facts, lady. But don't give free advertising and special attention to a bunch of lawbreaking bully punks. "
poohlover71 wrote on Aug 3, 2008 12:18 AM:
" I am so glad that you all think that we are terrible parents who don't know how to raise our children. All of my kids know right from wrong and are taught to respect other people and their property. What the newspaper fails to say is I was furious with him and I was the one who turned him in. I also hope his punishment is severe enough to teach him a lesson. "
DOSE_KREW wrote on Aug 5, 2008 2:53 AM:
" IS ALL ABout THAT DOSE KREWW!! yah digg?
its D-O-S-E not doce dont get it twisted "
its D-O-S-E not doce dont get it twisted "
SoUthEAst_7-Deuce wrote on Nov 27, 2008 8:22 PM:
" ya'll are idiots, scott's an idiot too...
this newspaper and all of your gay comment is making this vanilla ice think he's even more gangster...
you know, they should've also included in the article that he's a big time bum, staying the night at me and my friend's house for long extended periods of time, and he smells horrible might i add...
ya'll need to just leave this alone and stop feeding into this story, before scott thinks he's so kool that he becomes a rapper and releases a single entitled "Scott Scott Baby"...
we can all stop this from happening "
this newspaper and all of your gay comment is making this vanilla ice think he's even more gangster...
you know, they should've also included in the article that he's a big time bum, staying the night at me and my friend's house for long extended periods of time, and he smells horrible might i add...
ya'll need to just leave this alone and stop feeding into this story, before scott thinks he's so kool that he becomes a rapper and releases a single entitled "Scott Scott Baby"...
we can all stop this from happening "
poohlover71 wrote on Jan 5, 2009 5:20 PM:
" Well the saga has finally come to an end today. The charges were reduced from a felony level to a Class "A" misdemeanor since the charges to clean it up were under the $1500 felony level. Scott went to court today and was given 1 year deferred adjudication, $300 fine, court cost somewhere over $200 and restitution to be paid back in the amount of $1200. He was also given 100 hours of community service and he has to write a letter of apology to the home owner's association. It is still sad though because this crime was not committed by Scott alone however since the other child was a juvenile no charges were ever filed against him. Scott blames me for all of this because I turned him in and I made him aware that should he decide to do something this stupid again that if I were to learn about it or witness it that I wouldn't hesitate to turn him in again. "
LambChop wrote on Apr 17, 2009 4:44 AM:
" Oh My Gosh! I love everyone's comments except for one!
What a DA and I don't mean District Attorney either!
This disrespectful brat's Mom doesn't get it! I'm glad I don't have them for my neighbors, I'd be calling the authorities 24/7.
The Apple Didn't Fall Far from this tree!
You Can't Fix Stupid"!
No Respect for anything, is this little boy's attitude!
Children learn from example, I wonder if the punk's Mom let's him smoke, drink, etc. as well?
The punk and his Mom need to take parenting classes together.
The so called Mom is too involved with her selfish, self that she can't see what is going on under her own nose.
Someone should slap that stupid hat off his head.
Most So Called Wanna Be Gang Members are in gangs because they say they do not feel loved by their parents, and the others have a low self esteem so therefore they seek out their kind.
Birds of the feather fly together.
The punishment should have included both of them to wear signs around their necks saying I destroyed the property in Fox Run and my Mom said I was just being a normal kid and walk back & forth the entrance of Fox Run! "
What a DA and I don't mean District Attorney either!
This disrespectful brat's Mom doesn't get it! I'm glad I don't have them for my neighbors, I'd be calling the authorities 24/7.
The Apple Didn't Fall Far from this tree!
You Can't Fix Stupid"!
No Respect for anything, is this little boy's attitude!
Children learn from example, I wonder if the punk's Mom let's him smoke, drink, etc. as well?
The punk and his Mom need to take parenting classes together.
The so called Mom is too involved with her selfish, self that she can't see what is going on under her own nose.
Someone should slap that stupid hat off his head.
Most So Called Wanna Be Gang Members are in gangs because they say they do not feel loved by their parents, and the others have a low self esteem so therefore they seek out their kind.
Birds of the feather fly together.
The punishment should have included both of them to wear signs around their necks saying I destroyed the property in Fox Run and my Mom said I was just being a normal kid and walk back & forth the entrance of Fox Run! "
Joe Smuckatelly wrote on Jul 31, 2008 5:36 AM: