OGDEN -- Despite their youth, immaturity and remorse, a judge ordered to jail the three men who went on a two-day, two-county BB-gun spree in January.
No one was injured in the vandalism binge, which stretched from Roy to Clinton and led to charges in two counties against the three.
Car windows were the main target, with some home windows shattered as well. Damage estimates run as high as $200,000, with up to 100 vehicle windows alone damaged.
Kyle Berrett, 20, of Roy, Aaron Paxton, 18, of Clinton, and Tyler Richards, 18, of Roy, were charged with four offenses each.
In 2nd District Court in Farmington, each is charged with two counts of third-degree felony criminal mischief. It carries a possible prison term of up to five years. Those cases are still pending.
In 2nd District Court in Ogden, they were charged with two counts each of the more serious second-degree felony of causing a catastrophe, as most of the damage came in Weber County. The charge carried a potential prison term of up to 15 years but was reduced to a third-degree felony in plea negotiations.
Attorneys for all three men made lengthy pitches Tuesday to 2nd District Judge Noel Hyde to avoid jail time so the men could work to pay off the hefty restitution for damages.
Hyde did shave five days off the recommended 45-day jail terms suggested by the state division of Adult Probation and Parole in presentence reports.
He ordered each to serve 40 days, with the final 20 days at the North Utah Community Correctional Center, the halfway house in west Ogden.
"To all three of you, this is not just a matter of a poor choice," Hyde said. "It's a horrendous choice and a choice you repeated many times, disrupting many, many lives."
He set an Aug. 14 restitution hearing on damages, with estimates still being collected from the 79 victims listed in the case.
Berrett was the only one of the three with a prior criminal record, that being a misdemeanor shoplifting charge two years ago.
"If any one of these individuals had said, 'Hey, this is stupid, let's not do this,' it likely wouldn't have happened," Paxton's attorney, Jim Retallick, said in stressing there was no lead instigator in the shootings.
John Cummings, Berrett's lawyer, emphasized his client's strong support system, demonstrated by the 11 letters sent to the court on his behalf.
"These are not the type of offenders we put in jail," said Richards' lawyer, Emily Swenson.
Surveillance was set up in neighborhoods in Clinton and Roy the night of Jan. 20, three days after the first round of vandalism, and Clinton police caught the three men in the act.
Five air-pressure guns were found in their vehicle -- an airsoft gun with a CO2 cartridge, a rifle BB gun and three handheld BB guns.
Police said vandalism incidents occurred in Roy, Clinton, West Haven, Ogden, Hooper and Riverdale.