Charges dropped in Naperville 'Simpsons' graffiti case
Much like his cartoon namesake, the identity of Naperville's real-life El Barto may forever remain a mystery.
Citing a lack of evidence, DuPage County prosecutors Tuesday dismissed all charges against Joseph D'Auben who was accused of littering downtown Naperville with "Simpsons"-inspired graffiti in the summer of 2013.
D'Auben, 35, of the 1700 block of Fairoak Road, was charged with criminal defacement of property for mimicking the alter-ego of Bart Simpson by spray-painting portions of the cartoon's characters in addition to the phrases "El Barto" and "Skinner Stinks" throughout the city.
The case against D'Auben hit a roadblock last month when Judge Bruce Kelsey ruled that evidence against D'Auben was collected illegally.
The judge then suppressed all statements D'Auben gave that implicated himself after his March 4, 2014, arrest at the College of DuPage in Glen Ellyn.
When Naperville officers arrived at COD's police department about 5:30 that evening, D'Auben told them about the graffiti. But he never consented for officers to search his phone.
"The court finds that the statements obtained by the Naperville police officers were obtained due to a warrantless search of (D'Auben's) cellphone by the College of DuPage Police Department," the court order issued last month states. "And without the information, no probable cause existed for the search or the statement. Therefore the defendant's motion to suppress evidence is hereby granted."
College of DuPage police arrested D'Auben in connection with a graffiti "tagging" incident at the Glen Ellyn campus and found photos they said linked him to the Naperville graffiti during the illegal search of his phone and Instagram account.