Two dozen teenagers accused of spray painting East Paulding High School got mercy from the local prosecutor, but they didn’t get off scot-free.

The 22 students and two recent graduates are each facing up to five years in prison, but if they accept the offer from Paulding County District Attorney Dick Donovan they’ll have a clean record, except for the arrest.

Donovan will waive the charges for each defendant who agrees by April 30 to participate in pretrial diversion. That entails 400 hours of community service, $720 in fees and at least $300 in restitution -- more if all 24 don’t pay their share of the $7,500 in cleanup costs.

"Take it or leave it," Donovan said Friday during a meeting he called at the Paulding County Courthouse. The crowd then gathered at the front of the courtroom, where assistants were handing out the pretrial diversion forms.

"This is a relief," said Deanna Hrenyo, 18. She wants to go to college and study criminal justice, and feared her plans might have been dashed by a criminal rap sheet. If she completes pretrial diversion, the charge -- interference with government property -- will be dismissed, though she'll still have the arrest to explain in job interviews.

The youths were arrested and charged after an early morning prank got out of control last month.

Participants said they were merely repeating an annual rite of seniors -- spray painting the road outside the school. But the prank escalated to felony vandalism when the perpetrators went onto school property, painting buildings and vehicles. They also strayed into a neighborhood with their spray cans.

"I’m surprised at least one of you didn’t get shot by the sheriff or at least a homeowner," Donovan told the gathering of youths, parents and lawyers Friday.

The students were suspended for the duration of the semester. They’ve been doing coursework together at an alternative school. Hrenyo is taking advanced placement statistics and has been wading through the numbers without the help of teachers.

But at least she’s not going to prison, Hrenyo said. "I'm going to make it through life and college without a felony on my record."

Darryl Ferguson, an attorney for another student, said he figured Donovan had more important things to do than prosecute studious teenagers. But he said the district attorney had to be firm, and that the deal struck him as fair.

"We're talking about kids that were involved in a senior prank that went horribly wrong," he said.

One of the defendants, Jacob Zimmerman, is senior class president and -- according to his mother, Denise Zimmerman -- the leading candidate for valedictorian. Like the others, he was suspended. Unlike the others, he appealed to the school board and the board ruled against him, imposing a further sanction: He won’t be able to walk at his graduation ceremony.

Zimmerman, 17, left the meeting Friday without comment, saying he needed to speak with his attorney. His father, Todd Zimmerman, said later they had not yet decided what to do.

Denise Zimmerman said her understanding was that the DA's decision would not affect the school board's ruling about the suspension and Jacob not attending graduation.

Jacob Zimmerman said earlier in the week that he thought the school board was being vindictive in not letting him attend graduation.

But Hrenyo said she didn’t appeal the suspension because the school system had made it clear that anyone who did and lost would be prohibited from participating in the graduation ceremony. Denise Zimmerman said she was not aware of that stance.

About the Author