You're standing around with a can of gasoline planning to set a fire in the middle of the road. The debate arises: burn a giant smiley face, or burn a giant swastika. Sure, they both have their charm. Two Staten Island men went with the swastika. Then they got arrested.

According to court charges, in the wee hours of the night, 23-year-old Jeremiah Logan poured gasoline into the shape of a swastika at a Staten Island area intersection, and Joseph Pucciarelli, 24, set it ablaze.

The two allegedly told police that they'd debated burning a swastika or a smiley face for a while, before settling on the swastika. The Staten Island DA said the hate crime laws are non-applicable in the case, because the swastika wasn't directed at anyone.

The two face felony charges. Though detectives say both men confessed to them, Pucciarelli's attorney now claims his client was not "in the immediate vicinity" when the fire was set.

» Scott Saxon