Cases | State v. Gribble, 636 N.W.2d 488 (Wis. Ct. App. 2001) | 2018
The defendant was convicted of first-degree reckless homicide in the death of an infant. He appealed, arguing, among other things, that the counseling expenses of the infant’s mother and aunt should not have been included in the amount of restitution he was ordered to pay. The Court of Appeals of Wisconsin, District Four, affirmed in part and reversed in part, concluding that the counseling expenses of the infant’s mother were properly included in the restitution amount, but not those of the victim’s aunt. The court concluded that in the context of this case, the meaning of the word “victim” was ambiguous, as the word could reasonably be interpreted to mean both the child who died, and also a person who suffered psychological harm as a the result of that death. The court noted that using an expanded definition of the term “victim” to include a parent, guardian or legal custodian of a child victim was in keeping with the legislature’s intent. Since the victim’s mother was a “family member” under Wisconsin law, she was entitled to restitution. However, the court concluded that the victim’s aunt was not a “victim” under the relevant statute because she did not reside with the victim.