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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 victims 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 victims family were admitted
into evidence and testimony regarding workmans compensation payments
to Baduas minor child.
The victims 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 childs 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 victims 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 Baduas
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 workmans
compensation payments of $262.50, the victims 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.
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