Charles Stark returned to Boise's Federal Building this morning. But this time, he was in handcuffs and wearing an orange jumpsuit, courtesy of the Ada County Sheriff's Office.
Stark was arraigned today on a misdemeanor criminal charge of defacing federal property, in the wake of his last visit to the Federal Building on the night of Jan. 2. Stark was allegedly videotaped as he approached the building with a spray paint can. The complaint alleges that Stark painted "F.U. 1867," [referencing the National Defense Authorization Act] on the north, east and west windows of the Fort Street building, and "I'm not a terrorist" on the south windows.
Stark was picked up later that evening while he was the passenger in a vehicle whose driver was stopped for DUI. Stark was transported and booked into the Ada County Jail, where he remains, on an outstanding warrant for failure to appear for a previous charge of reckless driving.
Stark had been homeless up until his arrest, spending time at the River of Life mission for men and the Occupy Boise encampment outside of the old Ada County Courthouse. A year ago, he was employed at the Bogus Basin ski resort, according to Dick Rubin, Stark's attorney.
Assistant U.S. Attorney Lynne Lamprecht asked that Stark be held after he is released by Ada County, saying that he is a flight risk.
"The U.S. marshals have spoken with members of the Occupy Boise movement and they will not have him back," said Lamprecht. "They don't want to be associated with him."
But U.S. Magistrate Judge Candy Dale released Stark to the custody of Ada County, where he still faces his outstanding traffic violation.
Stark pleaded not guilty to the federal charge and faces a court hearing in early March. If convicted, he faces up to a year behind bars, a $100,000 fine, a year of supervised probation and a $25 assessment.
"This is not the crime of the century," Rubin told Dale.