Sent
to S.C. Reporter 5/23/17
DECISION OF THE MAGISTRATE
Daniel
R. Borchert, Magistrate
{¶1}
On May 20, 2015, applicant, Adon Rouse, filed a compensation
application as a result of being assaulted on February 5,
2015. On September 17, 2015, the Attorney General issued a
finding of fact and decision determining that applicant met
the necessary jurisdictional requirements to qualify as a
victim of criminally injurious conduct pursuant to R.C.
2743.51(C)(1). Applicant was granted an award of reparations
in the amount of $4, 531.50. However, applicant's claim
for replacement services loss was denied due to the failure
to provide adequate documentation.
{¶2}
On December 16, 2015, the Attorney General reconsidered the
initial decision, pursuant to R.C. 2743.61(A), and issued a
Final Decision denying applicant's claim for an award of
reparations since during the pendency of the claim, applicant
was charged with one count of Burglary, a second degree
felony; one count of Grand Theft, a felony of the third
degree; one count of Theft, a felony of the fifth degree; and
one count of Having Weapons While Under Disability, a third
degree felony. Accordingly, the Attorney General denied
applicant's claim.
{¶3}
On January 8, 2016, applicant filed a notice of appeal from
the Final Decision of the Attorney General issued on December
16, 2015.
{¶4}
On February 17, 2016, the Attorney General submitted a
supplemental transmission which included a Journal Entry from
the Cuyahoga County Court of Common Pleas dated January 14,
2016, which revealed applicant plead guilty to Aggravated
Burglary, a felony of the third degree and Attempted Grand
Theft, a felony of the fourth degree. The Attorney
General's investigation also revealed he was arrested for
these offenses on September 17, 2015, the same day they
occurred.
{¶5} A hearing was held before this
magistrate on April 19, 2016 at 1:30 p.m. Matthew Shaughnessy
appeared on behalf of applicant, while Associate Assistant
Attorney General Lauren Angell and Assistant Attorney General
Yan Chen appeared on behalf of the state of Ohio.
{¶6}
The Attorney General related since March 18, 1983, when the
Ohio Crime Victim's Compensation Act was amended, claims
must be denied if an applicant engaged in felonious conduct
during the pendency of the claim.
{¶7}
The Attorney General related on February 5, 2015, applicant
was assaulted. On September 17, 2015, he committed Aggravated
Burglary and was arrested and charged the same day. On
September 17, 2015, unaware of applicant's felonious
conduct, the Attorney General rendered a decision in favor of
applicant. However, prior to paying the award to applicant,
the Attorney General became aware of applicant's
felonious conduct. The Attorney General became cognizant of
this fact during the 30-day appeal period provided by R.C.
2743.61(A), and accordingly, waited for the conclusion of the
criminal matter. On December 15, 2015, applicant plead guilty
to Aggravated Burglary and Attempted Grand Theft, both felony
offenses.
{¶8}
Therefore, based on this information, the Attorney General
issued a Final Decision, pursuant to its own motion, denying
applicant's claim pursuant to R.C. 2743.60(E). On January
14, 2016, applicant was sentenced on all charges.
{¶9}
The Attorney General argued pursuant to R.C. 2743.60(E)(1)(a)
& (c), this court and the Attorney General are prohibited
from issuing an award to an applicant. Accordingly, the
Attorney General's Final Decision should be affirmed.
{¶10}
Applicant argued that the court must determine when the
pendency of the claim stops. In the case at bar, applicant
was granted an award of reparations in the amount of $4,
531.50, on September 17, 2015. Applicant submitted Request
for Full Payment and Waiver of Reconsideration on October 19,
2015, but payment was not forthcoming. On December 16, 2015,
the Attorney General, on its own motion, issued a Final
Decision denying applicant's claim based on his felony
conviction even though the sentencing hearing didn't
occur until January 14, 2016.
{¶11}
Applicant urges this court to interpret the statute as
written, and accordingly, reverse the Attorney General's
Final Decision and grant an award of reparations in favor of
applicant.
{¶12}
The Attorney General called Wendell Caulley, finance
specialist with the Attorney General's office to testify.
Mr. Caulley related that it is his department's
responsibility to see that ...