An Edmonds man who allegedly vandalized the “I Can’t Breathe” artwork on the Civic Field fence July 14 is scheduled be arraigned in Edmonds Municipal Court Sept. 16 after being charged with third-degree malicious mischief.
The misdemeanor charge against 69-year-old Richard Tuttle was filed by City of Edmonds Prosecuting Attorney James Zachor last week and comes after the Snohomish County Prosecutor’s Office declined to file criminal hate crime charges in the case, stating there wasn’t enough evidence. The malicious mischief charge carries a maximum penalty of a year in jail or a $5,000 fine.
Tuttle is accused of spraying black paint on the letter T in the artwork so that it was no longer visible, changing the message to “I Can Breathe.” The defacement was observed by witnesses, and the artwork was restored by community members a few hours later.
To obtain a conviction in a hate crime, the prosecutor must prove that a suspect caused physical damage to a victim or a victim’s property, acted maliciously, and committed the act based on the suspect’s perception of the victim’s race, color or ancestry. In his memo declining to prosecute the case, Chief Deputy Prosecutor Matthew Baldock said that evidence was lacking that the suspect knew anything about the artist’s race.
According to a police documents filed in connection with the incident, Tuttle allegedly “told officers he was upset with how police were being treated and indicated he was upset with the location of the art work.” He also reportedly asked police if they wanted him to clean off the sign. Following news coverage of the incident, Tuttle allegedly went to the police station building July 19 with a newspaper in hand, noting to a police officer that “I made the front page of the paper.”
The “I Can’t Breathe” artist, 18-year-old Edmonds-Woodway High School graduate Christabel Jamison, said she chose the fence directly across from the police department for the artwork “to remind officers of the issues going on in the Black community involving law enforcement across the country,” the police report said. In her description posted next to the artwork, Jamison noted that the “I can’t breathe” phrase was used by Eric Garner, who was killed by police in 2014, and again by George Floyd before his death in Minneapolis in May.
She also told police she was disappointed that someone damaged the installation, and that by changing the message to make it read “I Can Breathe,” the suspect “disrespected the message of the installation and basically dismissed the cry for help the Black community is demanding.”
Jamison’s artwork was commissioned by the Edmonds Art Commission through its temporary On the Fence program.
— By Teresa Wippel
the sign is offensive, the guy gets arrested and the leftist that run this city have no issue with the thugs that destroy businesses in seatlle, portland, ect. Selective outrage from the leftist culture that permeates this are.
The people that run this city have no jurisdiction or authority over what goes on elsewhere. What exactly is it you think our mayor should do about Seattle and Portland?
Deborah, while I agree with you that Edmonds has no authority over places like Seattle and Portland, when local leaders chose to weigh in on outside issues it becomes reasonable to look at which ones they do feel merit their time to address and which ones they choose to stay silent about.
If Mayor Nelson chooses to find the time to constantly promote BLM then it is reasonable to expect him to squeeze in time to condemn the attached violence. If he can find the time to say that black men outside the city of Edmonds being killed by the cops is bad he can also find the time to say that violently resisting arrests leading up to them being injured/killed is bad.
Yes, I agree.
What is the likely time frame, cost and outcome of this prosecution?
If he wants to support the police he should do it the LAWFUL way. Vandalism is ILLEGAL and he should be PROSECUTED in a timely manner. Way to follow the RULE of LAW Edmonds and PROTECT YOUR COMMUNITY! Their own whistles can be used against these UNLAWFUL people. BLACK LIVES MATTER!
It’s interesting how, when some folks break the law in certain places, we should lock them up and throw away the key, no matter what it costs. When, others break the law, in certain places, we should decide it costs too much to do anything about , so we should just let it go.
This isn’t about Right and Left, it’s about right and wrong. Unfortunately our prosecutors are too often influenced by the whims of the mobs (Left and Right), rather than the precise tenants of the law. We need to work on that I think.
Take something similar someone tags a building, there is damage, most of the times minor but you could certainly claim it is there and there is a cost to fixing the action. In this specific case what is the damage that is being addressed by the prosecution?
The artist put up something to gain attention for a cause and to some degree for herself. Without this act of vandalism the project is a local one article story, now its been on regional news and had multiple articles and we continue to talk about it. Has that harmed or helped the artist and her cause? I would say it has helped a lot, frankly to the point that in the future someone will be tempted to vandalize their own work.
The physical damage to the artwork from what other articles said was minor, it was also quickly fixed without cost, effort or even knowledge of the artist. I guess you could still make a case for emotional harm.
This artwork was supposed to be temporary, now after it comes down there is a good chance someone will buy it and display the work, that would be helping not hurting the artist.
Should the guy have a fine imposed for his actions… yes and probably the same amount as the guy that refused to remove his sign that was against city code.
Should the city/county spend a few thousand dollars… I guess yes (no on the sign infraction). But what if the guy gets a lawyer and claims his action was political free speech and is willing to make this a larger fight, should we be willing to spend that kind of public time and money?
There’s few reasons for vandalism, but it’s also a d__ move to put that right at our police station. It’s harassment even.
There’s a lot of people on the fence about BLM [keeping with the metaphor], and it looks like most people have had enough now. BLM had the speaking stick, everyone was interested and was listening, then this is what they done.
https://thehill.com/homenews/campaign/344985-poll-57-percent-have-negative-view-of-black-lives-matter-movement
Perhaps someone would, perhaps in coordination with Mr Tuttle request to legally put up the sign – “I can breathe”? Would that be permitted?
I can easily understand how both with and without the “t” those words will be found offensive and demeaning.
If Ms Jamison was granted permission to put up the sign – with the “t” – and offend some people, Mr Tuttle “should” have the same opportunity to offend – the other people.
Those words are code, and like any symbol evoke various emotions.
I would love to sit with Ms Jamison and Mr Tuttle face to face and hear each of them interpret their work.
AND!
each one put in his/her own words what those words mean to the other.
My guess is that each one would have to make at least a dozen stabs at it.
Just those few simple words… What did you hear me say?
After your next heated argument, when you’ve had a chance to let go of the emotion, ask the other person…
What did you hear me say?
This was an approved art installation with a message, and I’m sad to read that the message (the last words of two unarmed Black men who were killed by police officers through choke holds) offends some residents of Edmonds.
Two points:
1) Defacing art because one disagrees with its message is just wrong.
2) Unarmed Black people are still being killed or critically injured by police whose job it is to protect them. I support Black Lives Matter in the effort to end this brutality.
Autopsy findings/notes released today, George Floyd had a “lethal level of Fentanyl in his system.”
https://www.fox9.com/news/court-filings-medical-examiner-thought-george-floyd-had-fatal-level-of-fentanyl-in-system
The vandalism in this case should be reasonably addressed by the Court. As a art piece it was 95% political statement, 5% art. If Edmonds wants to be a Creative District mecca it’s going to take doing a heck of a lot better art than that to attract creative artists and visitors.
It sounds more like “cancel culture” than justice, to me.
The only relevant question here is who obeyed the law and who broke it. (Both sides were obviously making a statement). That question of who obeyed the law and who broke it is for a fair and unbiased Court to decide, period. The mob cries out for “justice as we see it”, not necessarily justice as it is. Most of the musing above is just one of the angry mobs crying out that they are right and the other is not. We have turned into two angry mobs in our town and our country and the results aren’t pretty, intelligent, or of any real meaning in terms of making our lives with each other better or more free. Just more and more violent talk and actions coming from both sides. I just read that gun sales are at an all time high. Personally, I’m sick of both sides in this racial and political nonsense. People are all just people who want to live, love and die in peace for the most part. Yet good people let the nut job extremists among us win the day over and over. Pathetic.
I think its pretty clear he broke the law, as I asked above what do people see the process of punishing him look like? There are people that feel anything short of 5 years in prison (at a cost of several hundred thousands of dollars) will be a reason for further marches.
I just saw a protester in Portland convicted of arson got probation, there were protesters the other night in Seattle that litterally tried to seal a precints doors with cement and light it on fire with people inside that did not even get arrested. This guy spray painted a sign that was fixed the same day at no cost to the city or the creator.
If Edmonds/Sno County is going to spend $50,000 to give this guy 2 years probation and a $200 fine I’m going to look at it as mostly a waste of time and money. If they spend a couple thousand though “to send a message” its more reasonable.
The real twist is going to be in the future if the sign is sold and this guy sues saying he increased its value and deserves some of the profit. Would anyone be shocked if he won?
Good post Anthony,
We all know this whole fiasco has nothing to do about law and order, or justice. It’s all about vengeance and to make sure your mind is right.
God bless you, Richard Tuttle, and the Edmonds Cops.
Talk about hyperbole and nonsense. He goes to court, admits he did it and pays a little fine that will probably help his beloved police force and court system continue to exist which is great for all of us no matter what fictitious race we supposedly belong to. It’s a win, win, win. He got his 15 minutes of fame (he said he made the front page) , the city got a little precious money and the mob got to spout more of it’s hyperbolic nonsense and “racial” stereotyping.
The City of Edmonds made the space a forum for public and political commentary. Mr. Tuttle’s actions, while not advisable and perhaps disrespectful of the “artist’s” work, was arguably a legally protected speech. Hint, hint to Mr. Tuttle’s counsel, fight this this a civil rights matter, win and have the City pay your fees.
A sitting Senator now has warrants out for her arrest for defacing a memorial. Virginia Senator Luis Lucas coordinated the destruction of a statue, and her acts lead to a [black] man getting hit in the head by the statue as it fell. Apparently he has to learn to walk and talk again. Lucas, a black woman and Senator since 1992, may be pardoned by Virginia Governor Northam who either dressed in blackface or as a klansman. Because of fake racism, carried out by reverse racists, Virginia now has a Constitutional crisis and a man is permanently disabled.
https://richmond.com/news/state-and-regional/govt-and-politics/state-sen-louise-lucas-facing-2-felony-charges-over-toppling-of-confederate-statue-in-portsmouth/article_a8f2d716-c2e2-5f2f-a456-b461866628d1.html
https://www.youtube.com/watch?v=bnAUbNfPDOo