Did you see the Barrell Monster?

[Big IV]

From WRAL.com - 'Barrel monster' creator gets community service

RALEIGH, N.C. — A North Carolina State University student who created a "monster" out of construction barrels on the side of a road near campus was sentenced Tuesday to 50 hours of community service.

District Judge Vince Rozier deferred judgment against Joseph Carnevale until Oct. 30. If Carnevale complies with the sentence, the charges against him will be dismissed.
Raleigh police charged the 21-year-old history major and part-time construction worker last month with misdemeanor larceny and destruction of property after he took the orange-and-white traffic barrels from a construction site near N.C. State.
The 10-foot "barrel monster," which Carnevale said was supposed to be sticking out its thumb for a ride along Hillsborough Street, grabbed attention on social networking Web sites, with thousands of supporters calling on the Wake County District Attorney's Office to dismiss the charges.
Hamlin Associates, the construction company that owns the barrels Carnevale used, has become a fan of his work and has asked him to create a replica of the figure that led to his arrest on June 10.
"It's been positive publicity for us," Hamlin President Steve Hussey told The Associated Press in June. "If we'd known he'd do that good of work, we'd have given him the barrels."

Authorities pursued the case, despite the construction company's desire not to press charges. Because the case has been deferred, Wake County Assistant District Attorney Steven Saad declined to comment Tuesday.

"The law is what we enforce," Raleigh police spokeswoman Laura Hourigan said. "We go out every day and do our job, and the job is enforcement, and that's why we did what we did."

Carnevale said Tuesday that he understood why he was charged, and that he believes his sentence was fair. He hopes to do his community service for Habitat for Humanity.

"As far as (whether I) should have been (charged), there was a theft that occurred. I guess on paper, yeah, I should have been," he said. "I was surprised in a city the size of Raleigh that they would go to the trouble."

Carnevale said he plans to continue his public art and that, despite his arrest, "it was all worth it."

His advice to other artists: "Don't get caught."

From WRAL.com RALEIGH, N.C. — Raleigh police arrested a North Carolina State University student last week who was accused of creating a "monster" out of construction barrels and placing it on the side of the road.
Authorities charged Joseph Carnevale with larceny for taking materials from a construction site at a roundabout project to create the monster.

A link to an article from the N&O June 13 by Sarah Ovaska
http://www.newsobserver.com/news/story/1567423.html

Well the AP has picked up the story and they even mention this FB page! Based on the story it appears they are not planning to drop the charges.
http://www.newsobserver.com/2188/story/1571865.html

http://profile.ak.fbcdn.net/object3/1867/63/n89726564420_2632.jpg


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While I think that the barrel guy is cool, if he removed the barrells from a construction site without permission how is that not theft? I can see if the owners don't want to press charges that it should potentially be dropped. However, I doubt the construction company is the barrel owner, because they most likely rent them by the job and then charge that fee to the state. So depending on the rental agreement could depend on who gets to say, " 'nah that's funny let it go, no harm done."

It is funny.

Less dangerous than changing those orange message signs to warn you about upcoming zombie attacks along the highway.

[MP]

Usually those barrels are protecting a hazard on the road.  If someone drove into a hole, and got hurt because no barrels, where would be the fun?

MP

[Sludge]

Well, although he shouldn't have done this in this way... aren't there more important crimes to investigate?  Rape, murder, armed robbery...  Sadly, I think the police go after the low hanging fruit in too many cases.  Im not so worried about combing the streets looking for click it or ticket violations (which is just revenue) as I am about getting drugs off the streets which is a root cause of most of our crime.   

[stormrider]

No comment on right or wrong, that was pretty cool. I know I'd never think of something like that, although I once gave a small fold up traffic barracade sign with a flashing light on it a ride in the half open trunk of my '59 MGA, at night. No officer, I don't know why there is a flashing yellow light coming from my trunk, barracade, what barracade? Got a pretty stiff warning. Was a close one.

[Big IV]

did you try telling the officer that you were trying to increase your visibility? It could have been a safety thing.
 

[Jess from VA]

What torques me off, and I'm certain this has happened to everyone, is having 200 barrels or cones out blocking one or more lanes of traffic (or exits/ramps, etc), with no hole or other safety issue of any kind, creating a traffic nightmare......and there is no work going on of any kind, not even any preparation to work, or there is one guy in a small hole with a shovel and 5-20 other guys standing and watching.  Years ago, after sitting in traffic for an hour, I swung back later, and when there was still no work going on (and no safety issue), and no one to get my plate, I knocked all 200 cones into the woods at 55mph, and happily did a little buffing on the front end. 

On the case in the news article, to prove up a case of larceny, the State must show beyond reasonable doubt that the guy had a specific intent to permanently deprive the barrels from the true owner.  Tough to prove when he did a piece of highway art left in plain view (and didn't destroy them or take them home).  Larceny over a certain value becomes a felony.  A charge of malicious mischief would be easier to prove, but only a misdemeanor.