The government lawyer in a case involving a man who allegedly ran over, killed, and abandoned a 21-year-old man in Puerto Rico, Saipan believes that the family of the victim is entitled to more than $1,000 in restitution.
Assistant attorney general Robert Glass said that full restitution to the victim’s family should be more than $1,000. He has submitted a request for a hearing to determine the exact amount. Glass filed the motion for a restitution hearing last Friday
According to the filed motion, Glass said the parties in Commonwealth v. Esekiel Smith may have already agreed to the minimum amount of $1,000 as restitution, the Commonwealth believes full restitution will be more than $1,000.
The Office of the Attorney General is requesting a hearing to determine the exact amount of restitution and the structure of payments to the victim’s family.
The first $1,000 was paid out to the victim’s next of kin out of Smith’s posted bail.
Last week, Superior Court Associate Judge Joseph Camacho sentenced Smith, 31, to serve a five-year and six-month imprisonment sentence, with six months suspended for an auto-pedestrian incident that killed the 21-year-old man. Smith was given credit for the 180 days he had already served.
Smith, who appeared out of custody, was escorted back to the Department of Public Safety to serve his sentence immediately.
Camacho also said that Smith would be eligible for work release, something he doesn’t allow very often.
Camacho said that he would allow Smith’s work release while he serves his sentence because he appreciated that Smith showed great remorse for his crime. “The fact that you turned yourself in carries a lot of weight,” Camacho said during sentencing.
Work release means that Smith would be able to work while incarcerated.
Aside from imprisonment, Smith will also serve probation after he is released, and would pay court fines and restitution to the family of the victim.
Smith pleaded guilty to leaving the scene of the accident and reckless driving
On Aug. 19, 2018 at approximately 3:37am, DPS received a call about an auto-pedestrian incident near the Commonwealth Utility Corp. power plant.
Upon arriving at the scene, officers met with the caller who had reported the incident.
According to the caller, he was heading north when he noticed a man lying on the ground. He immediately stopped to call authorities.
DPS reported that the victim had injuries, was unconscious, and was partially lying on the shoulder of the northbound outer lane.
Medics arrived shortly after and rushed the victim to the Commonwealth Health Center where he was pronounced dead at 4:01am.