At about 12:32am, on Monday, October 18, 2010, officers from Area D-14 (Brighton) responded to a radio call for three males tagging property in the area of 1186 Commonwealth Avenue. According to witnesses, three males in dark clothing were seen tagging property and then fleeing the area on foot in the direction of Brighton Ave. Once on scene, officers located and observed several recently applied graffiti tags and markings. Officers noted and observed graffiti in several different colors. Officers promptly broadcast a description of the suspects over the police radio. In short time, officers located three individuals who matched the description of the suspects.

As officers approached the suspects, officers observed one of the suspects taking cans of spray paint out of a bag while the other two suspects already had cans in their possession. While officers were on scene with the suspects, witnesses were brought to the scene for identification purposes. Once on scene, the witnesses were able to positively identify the suspects. A search of the suspects enabled officers to find and take possession of several markers and several cans of spray paint.

Officers arrested Matthew Wagner, 23, of Boston, James Kabel, 18, of Boston, Sam Miller, 20, of Boston and charged all three with the Willful & Malicious Destruction of Property (tagging).