Court affirms ruling
Published 12:00 am Tuesday, March 25, 2003
On Friday, March 21, the Alabama Court of Criminal Appeals affirmed a ruling involving Jason Phillip Fore, who had previously been sentenced in the Covington County Circuit Court.
Fore previously pled guilty to leaving the scene of an accident involving injuries, reckless driving and attempting to elude a police officer.
Initially parties could not agree on the amount of restitution and a restitution hearing was held.
A court ultimately ordered a small amount of restitution to the victim and the victim's physician and it was also ruled that a larger amount of restitution (possibly in the range of $10,000) should be paid to the Alabama Crime Victims Compensation Com-mission as a reimbursement
The defense contested whether the amount of restitution was proper, especially considering that the victim had also been involved in a civil litigation against the defendant.
There was a settlement in the civil case, and Judge Lex Short ruled that the civil settlement did not prohibit the state from seeking retribution.
The court ruled the civil agreement between the defendant and victim covered the pain and suffering of the victim, but that the restitution sought by the state covered out-of-pocket expenses.
The Alabama Court of Criminal Appeals ruled that the restitution sought by the state not only covers financial aspects, but serves as a punishment as well, and that a civil settlement does not exempt the state from seeing restitution.