Army vet’s vandalism trial delayed to Tuesday

The trial of Army veteran Brian David Sumner, who is accused of using water-soluble chalk to vandalize a Fresno Police Department’s memorial, has been delayed to Tuesday .

The criminal trial was scheduled to begin Monday before Judge Edward Sarkisian Jr. in Fresno County Superior Court. But because pretrial motions, jury selection and testimony are expected to take three to four days, Sarkisian said Monday he couldn’t preside over the trial because he’s only available a few days this week and had planned to take off Monday, Tuesday and Wednesday next week.

He ordered both sides to return to Fresno County Superior Court on Tuesday to allow Presiding Judge Jonathan Conklin to appoint a new trial judge.

Police contend Sumner, 26, defaced the memorial on June 16, 2014, when 70 people showed up at police headquarters to demonstrate against police shootings. The demonstrators used pink, white, green and yellow chalk to write “No justice, no peace” and other anti-police slogans on the memorial and sidewalk, Fresno police Lt. Joe Gomez says.

Gomez says a video camera captured Sumner, Andrew Whittenmore and an unknown third person defacing the memorial with chalk. Specifically, Gomez accuses Sumner of scribbling “FPD=Guilty.” Whittenmore is accused of writing: “People can’t kill people.” Sumner and Whittenmore were arrested on charges of vandalism. (Whittenmore’s trial is pending, court records show.)

Though the memorial was not permanently defaced, Gomez says it cost the city about $50 for a janitor to clean up the mess.

Sumner had said that he just wanted to make a point: “Police shouldn’t kill people. There are other means to make an arrest, like with bean-bag shotguns and Tasers.”

If convicted of the misdemeanor vandalism charge, he could face up to a year in jail and/or a $1,000 fine.

This story was originally published July 13, 2015 at 3:59 PM with the headline "Army vet’s vandalism trial delayed to Tuesday."