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HomeMy WebLinkAbout01-2135 CRIMINALCOMMONWEALTH JOSE R. P. CHIRINOS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2135 CRIMINAL TERM IN RE: MOTION TO MODIFY AN ORDER OF RESTITUTION BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., January 8, 2002:-- On November 8, 2001, defendant, Jose R. P. Chirinos, entered pleas of guilty to counts of simple assault,1 disorderly conduct,2 and public drunkenness.3 The facts in support of the plea are set forth in the plea colloquy: [o]n October 4th, 2001, at 117 Wyncote Court in Upper Allen Township, Cumberland County, Pennsylvania, this defendant while intoxicated on alcohol committed the offense of simple assault in that he had a disagreement with his wife over his intoxicated condition. She told him he could not sleep overnight in the house where they were residing. It was his mother's house. There had been a prior agreement before that if he came home intoxicated that he would not be permitted inside the house. He became enraged, went out to the family car, was yelling obscenities, told the victim that she would be sorry. Once outside in the vehicle, while the interior light of the vehicle was on, Mr. Chirinos was punching the inside of the vehicle and then produced a machete from inside the vehicle. He had numerous tools inside the vehicle. 1 18 Pa.C.S. § 2701(a)(3). 2 18 Pa.C.S. § 5503. 3 18 Pa.C.S. § 5505. 01-2135 CRIMINAL TERM While inside the vehicle he displayed the machete in a menacing manner from inside the vehicle and then proceeded to use the machete to cut up the interior of the vehicle and to poke the machete into the roof of the vehicle in a menacing manner. At some point during this display, he also exited the vehicle and began pounding on the front door and yelling to the victim inside. He was not allowed in the residence. He returned to the vehicle, continued the behavior with the machete that was described before, located a cell phone inside the car, called the victim inside the residence and continued to address her with obscenities in a threatening manner. On November 20, 2001, defendant was sentenced on the count of simple assault, to undergo imprisonment in the Cumberland County Prison for time served from October 4, 2001, to 23 months. On the count of disorderly conduct, he was sentenced to make restitution to Diana Matteson in the amount of $1,983.94. On the count of public drunkenness, he was sentenced to pay the costs of prosecution. On November 29, 2001, defendant filed a motion to modify the order of restitution by deleting it from the sentence. On December 5, 2001, an order was entered vacating the order of restitution pending a decision on the motion to modify the sentence. Defendant and Diana Matteson were married when defendant committed the crimes of simple assault, disorderly conducted, and public drunkenness on October 4, 2001. The vehicle that defendant damaged in the amount of $1,983.94, is titled in the name of he and his wife. Defendant maintains that he cannot be ordered to pay restitution for the damage he did to that jointly owned vehicle. The Judicial Code at 42 Pa.C.S. Section 9721(c) provides: Mandatory restitution.--In addition to the alternatives set forth in -2- 01-2135 CRIMINAL TERM subsection (a) of this section the court shall order the defendant to compensate the victim of his criminal conduct for the damage or injury that he sustained. For purposes of this subsection, the term "victim" shall be as defined in section 479.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.4 (Emphasis added.) 471 P.S. § 180-9.1. "Victim" as defined in 71 P.S. Section 180-9.1 "means a person against whom a crime is being or has been perpetrated or attempted." (Emphasis added.) The Crimes Code at 18 Pa.C.S. Section 1106(a), provides: General rule.--Upon conviction for any crime wherein property has been stolen, converted or otherwise unlawfully obtained, or its value substantially decreased as a direct result of the crime.., the offender shall be sentenced to make restitution in addition to the punishment prescribed therefore. (Emphasis added.) Section 1106(h) defines "victim" as: As defined in section 479.1 of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.4 The term includes the Crime Victim's Compensation Fund if compensation has been paid by the Crime Victim's Compensation Fund to the victim and any insurance company that has compensated the victim for loss under an insurance contract. 471 P.S. § 180-9.1. Defendant has not cited any case that has interpreted the statutory definition of "victim," to preclude a person, who has a joint interest with a defendant in property, from being awarded restitution when that property is damaged or destroyed by the criminal conduct of the defendant. Such an interpretation does not make sense. Defendant, by his criminal conduct, damaged and diminished the value of a vehicle he -3- 01-2135 CRIMINAL TERM jointly owned with his wife. His wife suffered a loss to which she is entitled to restitution to make her whole. The fact that defendant has a joint interest in the vehicle is incidental. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this day of January, 2002, defendant's motion to modify an order of restitution, IS DENIED. Restitution to Diana Matteson in the amount of $1,983.94, IS REINSTATED in the sentencing order of November 20, 2001. By the Court, Daniel Sodus, Esquire For the Commonwealth Jessica B. Rhoades, Esquire For the Defendant Probation :saa Edgar B. Bayley, J. -4-