State v. Storlie, 647 N.W.2d 926 (Wis. Ct. App. 2002)

Cases | State v. Storlie, 647 N.W.2d 926 (Wis. Ct. App. 2002) | 2018

The defendant was convicted of fleeing a police officer and operating a motor vehicle while intoxicated. Among other things, the defendant was ordered to reimburse the Chippewa Falls Police Department for expenses it incurred in replacing the “stop sticks” that were deployed in an effort to halt his vehicle during the commission of the offense. The defendant appealed the restitution order, arguing that the police department was not a direct victim of the crime within the meaning of the restitution statute. The Wisconsin Court of Appeals reversed the trial court’s order requiring the defendant to reimburse the police department for the cost of the damaged “stop sticks,” concluding that the cost of replacing the “stop sticks” was incurred in the normal cost of law enforcement. The court noted that, while the defendant’s criminal conduct caused damage to the police department, that alone did not necessarily make the police department a victim. The court concluded that while the government is entitled to restitution for losses incurred when it is a victim as a direct result of a defendant’s criminal conduct, it is not entitled to restitution for collateral expenses incurred in the normal course of law enforcement.