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Judges affirm restitution order, sentence following deadly crash

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A man who was speeding and under the influence of alcohol when his car struck another, killing the driver and severely injuring the passenger, will have to make restitution to the victims, the Indiana Court of Appeals ruled.

Jose Guzman pleaded guilty to Class C felony reckless homicide in exchange for prosecutors dropping several other charges stemming from the accident. His blood alcohol level at the time of the accident was 0.20. The wreck killed Charity Bland and injured Richie Austin.

The trial court accepted Guzman’s plea and sentenced him to eight years in the Department of Correction and that he pay $4,510.65 to the estate of Bland and $20,631.76 to Austin.

In Jose Guzman v. State of Indiana, 54A01-1209-CR-409, Guzman raised numerous issues on appeal, including that he shouldn’t have to pay restitution to Austin because he was not a victim of the crime to which he pleaded guilty, and that his sentence was inappropriate. The Court of Appeals found Austin qualified as a victim under Indiana Code 35-50-5-3(a) and that the trial judge had evidence submitted by Austin’s attorney breaking down the total of Austin’s restitution claim by amount and to whom the amount was due for medical expenses.

Guzman also challenged some of the aggravating factors considered by the trial court, such as the fact his actions resulted in bodily injury to another person and his illegal status. The judges cited Bethea v. State, 983 N.E.2d 1134 (Ind. 2013), to point out that the plea bargain agreed to did not contain any language foreclosing the trial court from considering the facts and circumstances relating to the dismissed charges. They also reiterated that the COA has concluded that an individual’s unlawful immigration status is a valid aggravating factor because it demonstrates a disregard for the law.

“In light of Guzman’s actions, which included driving a vehicle at a high rate of speed with a BAC of 0.20 and getting into an accident with another vehicle, leaving one person dead and another severely injured; Guzman’s criminal history, which included a prior conviction for driving while intoxicated; and Guzman’s attempt to shift blame for the accident to the deceased victim, we cannot say that his eight-year sentence is inappropriate,” Judge Cale Bradford wrote.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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