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Restitution for lost wages an error

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A trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.

In Douglas Wolff v. State of Indiana, No. 27A05-0907-CR-368, Douglas Wolff pleaded guilty to criminal recklessness and disorderly conduct for firing a shotgun in the direction of co-worker Michael Smithhisler. Wolff and Smithhisler worked for Wolff's dad, Merrill, at the time of the incident. Smithhisler was fired shortly after the incident, which he claimed was because he pressed charges against Wolff. Merrill said he fired Smithhisler because he didn't report for work for several days after the incident, didn't answer Merrill's phone calls, and when he did come back to work, said he didn't think it was the best idea for him to come back right after the incident.

Wolff's sentences were suspended and he was ordered to pay $921 in counseling expenses and $12,789 in lost wages to Smithhisler, and $1,631 to the Grant County Sheriff's Department. Smithhisler testified the incident made him have trouble sleeping and caused him to constantly worry about being shot. He also said he had trouble holding down a job after the shooting.

Wolff only appealed the order of restitution for lost wages.

"It is true that Wolff's actions in firing his shotgun set in motion the chain of events that eventually led to the termination of Smithhisler's job," wrote Judge Nancy Vaidik. "But Wolff did not terminate Smithhisler; his father, Merrill, did."

The fact Smithhisler was fired and couldn't keep a job was not "a result of the crime" to support ordering restitution. Wolff's actions may have indirectly led to Smithhisler's firing and lost earnings, but Indiana Code Section 35-50-5-3(a)(4) requires more than that, she continued.

Smithhisler's claim is inappropriate for criminal restitution, but it may give rise to file a civil claim against Merrill. The appellate court reversed the award of lost earnings.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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