MINDEN - A 15-year-old Carson City boy who denied taking part in a Carson Valley graffiti spree was placed on formal juvenile probation, but Judge Dave Gamble said he wouldn't order the boy to write an apology.
"I can't make him write an apology for something he denies," Gamble said at the sentencing this week.
He asked Anthony Nicholson again if there was anything he wanted to say.
"I want to know if there's something I haven't asked you," Gamble said. "I'm having trouble here. My task is to get kids to recognize that they did something wrong. Generally, when we get to this point, I know what to do with you if you did it. If your reality is that you didn't, I am leaving you with a terrible impression of the judicial system."
Nicholson had no comment during the hearing in Douglas County District Court.
"I ask you to forgive me if I am doing the wrong thing," Gamble said.
As part of his probation, Nicholson was ordered to pay $450 restitution, perform 50 hours of community service, have no contact with the alleged co-defendant and be subject to search and seizure for drugs, alcohol and graffiti-related paraphernalia.
Gamble said he would leave open a delay in issuance of Nicholson driver's license. He said he wanted to research whether he would have to follow the state-mandated year-long delay or suspension in graffiti convictions.
"Only you know who's right about this," Gamble said. "If you have managed to make me in part think I am wrong, it may feel like a victory. You need to examine your own heart."
Gamble held a fact-finding hearing last month and determined there was enough evidence to indicate that Nicholson was involved with Matthew Martin, 18, of Carson City, in the vandalism that occurred in mid-March at several locations.
Martin admitted the vandalism, and was placed on formal probation June 3.
Nicholson denied the petition and the judge heard testimony Tuesday from Martin, Nicholson, deputies and several members of Nicholson family.
Martin took responsibility for most of the graffiti, but pointed out about eight sites he said Nicholson spray-painted.
Swastikas, obscenities and crude drawings depicting violence to Hispanics were discovered on the north wall of the Carson Valley Museum & Cultural Center, the Old Gym Playhouse in front of Carson Valley Middle School, a shed behind One-way Auto Care, facing Courthouse Alley, the Heritage Park pavilion floor, the Active 20-30 Clubhouse and a residence in the 1300 block of Toler Lane.
The same graffiti tag was found in Lampe Park and a residence in the 1400 block of Douglas Avenue.
Three homes on Mica Drive in Indian Hills also were defaced.