Homeless man damaged surveying equipment at Modesto park. He’s been sent to prison.
A Stanislaus County Judge has sentenced a 54-year-old homeless man to four years in prison for destroying equipment during a confrontation with a city employee surveying land at Modesto’s Garrison Park, where the defendant was staying at the time.
After a two-day trial, a jury on June 21 found Ivy Lee Scruggs Jr. guilty of vandalism, a felony charge. Superior Court Judge Shawn Bessey sentenced Scruggs on Sept. 28, the Stanislaus County District Attorney’s Office announced Wednesday. Deputy District Attorney Barry Shapiro prosecuted the case.
Prosecutors said Scruggs received two years in prison for the vandalism charge, but that sentence was doubled for a previous residential burglary conviction. The burglary conviction is considered a strike under the state’s “Three Strikes” law, which lengthens prison sentences for repeat felony offenders.
The confrontation occurred July 27, 2017. The city employee was surveying the land at the park on Teresa Street, just west of Carver Road.
Prosecutors said Scruggs apparently became upset, walked up and kicked over the surveying equipment, when the employee’s attention was temporarily diverted. The equipment was broken beyond repair.
A witness who was repairing a nearby elementary school fence witnessed Scruggs destroy the equipment, according to prosecutors. The electronic surveying equipment was worth about $26,400.
On Wednesday, Scruggs remained in custody at the Stanislaus County Jail. At the time of his sentencing hearing last week, Scruggs had earned 653 days of credit for time already served in jail and good behavior while in custody, according to court records.
Prosecutors said Scruggs could become eligible for parole after serving 18 months of his sentence because of Proposition 57. Approved by voters in November 2016, California’s Prop. 57 restored some flexibility to sentencing by making more inmates eligible for early release through parole.
Scruggs’ criminal history dates back to 1985, when he was convicted of residential burglary. He has several criminal convictions in the earlier part of this decade.
Prosecutors said his numerous convictions include battery on a peace officer, domestic violence, trespassing, possessing methamphetamine and cocaine, driving under the influence, violating a restraining order and receiving stolen property.
Modesto police continues to enforce city ordinances banning camping in public places, including parks.
But the city last month opened Beard Brook Park to homeless campers in response to a 9th U.S. Circuit Court of Appeals ruling that said prosecuting people for sleeping on public property because there are not enough shelter beds or other alternatives amounts to cruel and unusual punishment.
Modesto officials say camping at Beard Brook Park is a temporary solution, and they continue to look for other locations. Stanislaus County officials also are looking for a site for a homeless shelter that can serve those creating the most problems in public places, like parks.
This story was originally published October 3, 2018 at 2:10 PM.