The Superior Court has denied restitution to the family of the victim involved in a fatal hit-and-run case. <\/p>\n
Superior Court Associate Judge Joseph Camacho denied the Office of the Attorney General\u2019s motion for reconsideration regarding restitution in the case of Esekiel \u201cEasy\u201d Smith.
\nIn an email to the Saipan Tribune, OAG chief prosecutor John Bradley said that the AG\u2019s office notified the court that the CNMI Constitution guarantees a victim the right to restitution.
\nHe added that the CNMI Code of Criminal Procedure recognizes that the estate of a deceased victim inherits that right to restitution. <\/p>\n
\u201cThe victims of crimes, especially those killed by a criminal defendant, and the victims\u2019 surviving families, deserve to be made whole, as the CNMI Constitution and the Code of Criminal Procedure clearly state. Nonetheless, Camacho denied the family restitution and left them exposed to a debt for medical expenses,\u201d Bradley said.<\/p>\n
Bradley said Camacho took the position that the victim had to pay the bill to gain the right to restitution but the OAG argues that that is not possible as the victim was killed by the reckless driver.
\nThe AG\u2019s office plans to look to the Supreme Court to ask them to review the decision.
\nSmith, 31, was sentenced to five years and six months\u2019 imprisonment after pleading guilty to reckless driving and leaving the scene of an accident without rendering assistance.
\nAs part of Smith\u2019s sentence, he was ordered to pay restitution to the victim\u2019s family and was made eligible for work release while serving his sentence to pay his restitution.
\nThe parties agreed that, at a minimum, Smith owed $1,000 in restitution, which was immediately paid from the bail money he posted. However, the parties disagreed as to how much more Smith owed in restitution and to whom.<\/p>\n
On March 30, 2020, Camacho issued an order stating that the Department of Fire and Emergency Medical Services and the Commonwealth Healthcare Corp. are not eligible to receive restitution when they are only \u201cindirect third-party victims\u201d of a crime.<\/p>\n
The judge added that tort defense of comparative negligence is not applicable in this case because the victim\u2019s family members did not negligently contribute to their damages.
\n \u201cVoluntary offertory gifts to priests for performing funeral Mass are not economic losses for purposes of restitution,\u201d Camacho said.<\/p>\n
The AG\u2019s office then filed a motion to reconsider the judge\u2019s order.
\nCamacho denied the government\u2019s motion to reconsider last Friday since there was no economic loss by the victim because he did not pay DFEMS and CHCC bills; and the estate of the victim cannot recover restitution as it is not a \u201cdirect victim\u201d of defendant\u2019s crime. <\/p>\n","protected":false},"excerpt":{"rendered":"
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