There are a host of factors that influence restitution payments, including the job status of an offender. And if a person on probation offends again and ends up being incarcerated, the payments stop.
Hillcrest Cemetery and the churches damaged in a June 2007 vandalism spree may only see a portion of the $272,934 ordered paid by Judge Fancy Jezek of 426th State District Court.
“It is hard to tell if we’ll ever get full restitution,” said Patricia Benoit, managing consultant at Hillcrest. “Sometimes defendants don’t fulfill their obligation. I don’t know what will happen in this case.”
For Hillcrest, the restitution process got off to a start Thursday when it received its first check on behalf of one of the vandals sentenced to probation last week on a felony criminal mischief charge.
The check was for $960.
“I’m surprised at the speed of it,” Benoit said. “I’m absolutely delighted.”
That brings the amount of restitution owed by 19-year-old Colin Mayo to $271,974. He has about 10 years to pay off the debt.
His co-defendants, Levi Gameson and Dennis Schlieper, both still owe the full amount of $272,934 each.
The way restitution is generally calculated is all defendants are responsible for the full amount. Each makes payments to the probation office, which then cuts a check to the victims.
“We’ll be collecting from three people but if two don’t pay, the third one will be responsible for the entire restitution,” said Todd Jermstad, attorney for Bell County’s adult probation department.
So, how do three men, all 20 or younger, come up with more than $27,000 a year for 10 years? The simple answer is they probably don’t.
After a judge sets a restitution amount, the offender gets together with a probation officer during which time the two look at the financial realities of the situation and set up a realistic payment plan.
“A lot of times we have to make sure that they are working,” Jermstad said. “In a lot of our cases it will be broken out that they can make a fairly reasonable payment monthly, but we will make every effort to collect restitution.”
The church and cemetery vandalism case involved two juveniles whose cases were handled separately from the adult cases. In both cases, the juveniles pleaded true to being involved in the spree.
Sometimes when a juvenile commits a crime, a parent may feel like a victim, too.
Judge Edward S. Johnson of County Court at Law No. 1 said he sees parents who are surprised the acts of their children may impact their pocketbooks.
Until a child is 18, parents are liable for up to $25,000 for each act of delinquent conduct.
“That is somewhat shocking for some parents,” Johnson said. “But parents have a moral and civil responsibility when it comes to their children. I have routinely ordered restitution to be made since I have been on the bench going back to 1987.”
This recent vandalism case is not the only case for which Hillcrest is receiving restitution.
In 2004, a man was charged with theft of equipment at the cemetery. He was eventually ordered to pay $25,000 in restitution.
To date, the man has paid $2,268, Ms. Benoit said.
