Cases | 2004 -Ohio- 5850(Ohio Ct. App. 2004) | 2018
The defendant was convicted of aggravated rioting and attempting arson in connection with the flipping of cars and the setting of fires during a college party. The defendant was sentenced to three years of probation and was ordered to pay restitution of $8,636, the total damage to the two cars that were flipped by the partiers. The defendant appealed, arguing the order was improper because he was ordered to pay the total damage despite evidence showing others participated in the rioting and cases were pending against those offenders. The appellate court found that, though the victims may only recover once, any person convicted of the offense is liable for the total damage and that it is not necessary for the trial court to apportion restitution among various offenders. Additionally, the court found, after reviewing video of the incident, the only evidence of the defendant’s involvement, that there was insufficient evidence to link him with the damage to one of the cars and, therefore, the order of restitution for damage to that car was improper. The order of restitution was remanded for redetermination.