Cases | 2006-Ohio-4228(Ohio Ct. App. 2006) | 2018
The defendant pled guilty to aggravated assault after an argument between the defendant and his wife’s ex-boyfriend ended with the ex-boyfriend being shot by the defendant’s cousin. The defendant handed the gun to his cousin just before the shooting. The defendant was sentenced to one year in prison and ordered to pay $42,578 in medical bills and lost wages to the victim. The defendant appealed, arguing that: 1) the order was improper because the amount awarded lacked supporting evidence; 2) the award should have been split between the defendant and his cousin; and 3) the award should be reduced because the victim’s actions provoked the shooting. The appellate court found that, at the sentencing hearing, the defendant had stipulated to the cost of the medical bills and that the amount for lost wages ($1,920) was supported by the victim’s testimony. The amount ordered was proper. Additionally, the appellate court held that nothing in the authorizing statute suggested the liability of the restitution amount should be allocated according to the relative culpability. As such, both the defendant and his cousin were jointly and severally liable and the victim’s actions had no bearing on the amount of restitution, which is based on the value of the economic loss suffered by the victim as a result of the defendant’s criminal action. The order of restitution was affirmed.