State v. Ortiz, 634 N.W.2d 860 (Wis. Ct. App. 2001)

Cases | State v. Ortiz, 634 N.W.2d 860 (Wis. Ct. App. 2001) | 2018

A jury convicted the defendant of four counts related to a standoff between the defendant and the Racine police department’s SWAT team. Among other things, the defendant was ordered to pay restitution to the city of Racine for overtime costs incurred by the city’s police department, SWAT team and negotiating team during the standoff. The defendant appealed the restitution order, arguing that the city was not a “victim” of his criminal conduct. The Court of Appeals of Wisconsin, District Two, reversed the restitution provision of the judgment, concluding that the police officers – and not the city itself – were the “direct and actual” victims of the standoff. Thus, the city was not entitled to restitution for the overtime costs it incurred during the standoff.