Charges will not be filed against Sergio Castro, 22, the UF student arrested last week for spray-painting a memorial to a drowned Gainesville resident on The Top restaurant in downtown Gainesville.
Prosecutors who reviewed the case chose not to file charges because it wasn't a typical case of graffiti vandalism and because the owners of The Top wanted the felony charge of criminal mischief dropped, said Spencer Mann, spokesman for the State Attorney's office.
Castro was arrested after a Gainesville Police Department officer noticed him trying to spray-paint the words "RIP MUCH LOVE" in honor of Barry Bernard, the Gainesville resident whose body was found last month near the Matanzas Inlet in St. Johns County.
"This is someone who was distraught over the loss of a friend who wanted to put a memorial up," Mann said. "Not to excuse it, but it helps us to better understand his motivation."
Castro said he is relieved that the charges have been dropped and thanked the owners of The Top for their leniency.
Overall, he said the situation has been a positive one.
"The whole purpose behind me going out and doing this was to bring attention to the cause," he said.
There will be events to benefit the family at Sharab Lounge in downtown Gainesville tonight and Friday night, and the funeral will be Sunday morning at the Thomas Center, he said.
