Vol. 34 No.243
       ©2007 Marianas Variety
Thursday, February 22, 2007 www.mvariety.com
Serving the CNMI for 34 years
 

© 2007 Marianas Variety
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Court denies payment of child support as restitution

By Gina Tabonares
Variety News Staff

GUAM Superior Court Judge Katherine Maraman has issued an order against Jessica Lynn Rios to pay restitution for the death of Milton Badua but denied the request of the vehicular homicide victim’s family to pay child support as part of the restitution.
Rios entered into a plea agreement with government lawyers wherein she pled guilty to the charge of vehicular homicide that happened in February 2005.
On Oct. 12, 2006, the court held an evidentiary hearing to determine restitution. Documents reflecting costs incurred by the victim’s family were admitted into evidence and testimony regarding workman’s compensation payments to Badua’s minor child.
The victim’s family, through government lawyers, wants Rios to pay for restitution in the form of child support payments for the 5-year-old son of the victim since Badua was the child’s only source of financial support.
At the conclusion of the hearing, Maraman ordered restitution in the amount of $23,236.07 for the cost of funeral expenses, catering expenses, hospital bills, and airfares for the victim’s family.
Judge Maraman, in her decision, said the son is also a victim of the criminal acts of the defendant and recognized that before his death, Badua was the only source of financial support for the son.
However, the judge said that although the defendant caused Badua’s death, she did not cause any loss of financial support to the son.
The court ruled that since the son is the recipient of bi-weekly workman’s compensation payments of $262.50, the victim’s son will receive these payments until he reaches the age of 18, meaning there is no loss of financial support.
Judge Maraman concluded that an order of restitution in the form of child support payments is improper.