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United States District Court for the District of Utah, Central Division
May 11, 2004, Decided
Case No. 2:02-CR-00690-PGC, Case No. 2:03-CR-00339 PGC
[*1287] MEMORANDUM OPINION AND ORDER AWARDING LOST INCOME AND OTHER RESTITUTION
[*1288] The court has before it two tragic homicide cases presenting significant restitution issues. The court concludes that substantial restitution should be ordered in both cases, including restitution for the future income that the victims lost when they were killed by the defendants. In particular, the court orders defendant Bedonie to pay restitution for lost income of her victim -- Mr. Brian Johnson -- of $ 446,665 The court also orders defendant Serawop to pay restitution for lost income of his victim -- Beyonce Serawop -- of $ 325,751.
A brief outline of how the court reaches that conclusion may be useful at the outset. Part I of this opinion explains that the Mandatory Victims Restitution Act (MVRA), [**2] which applies to crimes of violence, is applicable to the crimes of involuntary and voluntary manslaughter committed by defendants Bedonie and Serawop respectively. Part II concludes that the MVRA requires a restitution award in homicide cases for lost income of the victims, including income that they would have lost in the future. Part III reviews issues relating to the calculation of the award. The court appointed an expert to calculate lost income in this case, who made reasonable and reliable projections of future lost income. The most appropriate of those projections rely not on the race or sex of the victims, but rather on race- and sex-neutral data. Using these neutral projection, without any discount for possible "consumption" of income by the victims, is the appropriate way to calculate restitution. Each victim lost several hundred thousands of dollars in income, which the defendants should be required to repay. Part IV concludes that defendant Bedonie should also be ordered to pay restitution for the services of Navajo medicine man used by Mr. Johnson's family as part of the funeral services in this case. Part V determines that the restitution of the defendants is due immediately [**3] and to be paid on an appropriate schedule.
FACTUAL AND PROCEDURAL BACKGROUND
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
317 F. Supp. 2d 1285 *; 2004 U.S. Dist. LEXIS 8420 **
UNITED STATES OF AMERICA, Plaintiff, v. LEVANGELA BEDONIE, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. REDD ROCK SERAWOP, Defendant.
Subsequent History: Subsequent appeal at, Remanded by United States v. Serawop, 410 F.3d 656, 2005 U.S. App. LEXIS 10384 (10th Cir. Utah, June 6, 2005)
Reversed by, Remanded by United States v. Bedonie, 2005 U.S. App. LEXIS 12717 (10th Cir. Utah, June 27, 2005)
Prior History: United States v. Serawop, 303 F. Supp. 2d 1259, 2004 U.S. Dist. LEXIS 2856 (D. Utah, 2004)
Disposition: Court ordered Defendants to pay restitution.
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