Opinion
H14HCR130669812S
11-21-2016
State of Connecticut v. Brandon Velez
Filed November 22, 2016
UNPUBLISHED OPINION
MEMORANDUM OF DECISION
James M. Bentivegna, J.
ACCELERATED PRETRIAL REHABILITATION PROGRAM
The issue presented is whether the defendant has successfully completed all of the conditions of the accelerated pretrial rehabilitation program, specifically, the payment of restitution for any unpaid medical bills of the complainant, Paul Fitzgerald.
PROCEDURAL HISTORY
The state alleges that on October 18, 2013, the defendant was involved in a fight with Paul Fitzgerald at the Russian Lady bar in Hartford. Fitzgerald suffered severe facial lacerations. The defendant was charged with reckless endangerment in the second degree pursuant to General Statutes § 53a-64, assault in the second degree pursuant to General Statutes § 53a-60, and breach of peace in the second degree pursuant to General Statutes § 53a-181.
The defendant applied for the accelerated pretrial rehabilitation program (AR). On August 26, 2014, after a hearing, the defendant's AR application was granted and he was placed on probation for two years. The court file reflects the following special conditions: " Write letter of apology within the first thirty days of probation; do not initiate contact with Paul Fitzgerald; mental health evaluation and treatment; substance abuse evaluation and treatment; cooperate with civil suit; twenty-five hours of community service each year of probation; restitution for verified out-of-pocket expenses (monthly payments, cap of $9,000); stay away from the Russian Lady (Bar); and if not in school maintain employment."
As to the restitution condition, the court ordered that: " You're also to pay restitution for any unpaid medical bills. And that is going to be determined by Probation. But, that could be as much as $9,000. All right? So that has to be paid within two years. As soon as Probation does the restitution evaluation, you're going to be making monthly payments. So you have to talk to Probation and start making monthly payments. Because, I--I can't wait two years to pay the $9,000." Hr'g Tr. 14, Aug. 26, 2014.
On November 17, 2016, the court held a hearing regarding the defendant's compliance with AR. The state's position is that the defendant has successfully completed the terms of his probation. The defendant argues that the medical bills were paid as part of a civil settlement and that the defendant has satisfied the AR conditions. The complainant contends that the defendant's civil lawsuit was settled for less than the full value of the case due to the Russian Lady's limited liability insurance and that the defendant has not satisfied the restitution condition.
II
DISCUSSION
" General Statutes 54-56e establishes a discretionary pretrial diversionary program in certain criminal cases. It suspends criminal prosecution for a stated period of time subject to such conditions as the court shall order. If the defendant satisfactorily completes the probationary period he may then apply to the court for dismissal of the charges lodged against him." (Internal quotation marks omitted.) State v. Trahan, 45 Conn.App. 722, 734, 697 A.2d 1153, cert. denied, 243 Conn. 924, 701 A.2d 660 (1997).
General Statutes § 54-56e(a) provides in relevant part: " There shall be a pretrial program for accelerated rehabilitation of persons accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature." General Statutes § 54-56e(d) provides in relevant part: " Any such defendant shall appear in court and shall, under such conditions as the court shall order, be released to the custody of the Court Support Services Division . . ." General Statutes § 54-56e(f) further provides in relevant part: " If a defendant released to the custody of the Court Support Services Division satisfactorily completes such defendant's period of probation, such defendant may apply for dismissal of the charges against such defendant and the court, on finding such satisfactory completion, shall dismiss such charges. If the defendant does not apply for dismissal of the charges against such defendant after satisfactorily completing such defendant's period of probation, the court, upon receipt of a report submitted by the Court Support Services Division that the defendant satisfactorily completed such defendant's period of probation, may on its own motion make a finding of such satisfactory completion and dismiss such charges."
A person on AR must comply with the general conditions of probation as set out in General Statutes § 53a-30. State v. Trahan, supra, 45 Conn.App. 734-35. The court may also impose additional conditions of probation. See § 54-56e(d). Possible conditions include restitution to the victim, a charitable contribution, community service, and no contact with the victim. At the end of the probationary period, the court must make an affirmative finding of satisfactory completion of the program to dismiss the charges against the defendant. See § 54-56e(f).
Here, the defendant was placed in the AR program with several special conditions, including restitution for any unpaid medical bills. The defendant has substantially complied with all of the conditions besides the restitution condition. As of November 17, 2016, he has not paid any restitution through the AR program. The court must determine whether the restitution condition has been satisfied as a result of the civil settlement.
The complainant has filed two civil lawsuits related to the fight at the Russian Lady bar. In Fitzgerald v. Richards, Superior Court, judicial district of Hartford, Docket No. CV-15-6063549-S (Russian Lady case), the complainant filed a negligence action against the Russian Lady bar. The case was settled for $60,000 and withdrawn on June 13, 2016. In addition, the complainant filed a negligence action against the defendant, which is still pending. See Fitzgerald v. Velez, Superior Court, judicial district of Hartford, Docket No. CV-14-6053657-S.
The complainant has received a $60,000 settlement for his injuries in the Russian Lady case. " In a personal injury action, there are two general types of damages . . . economic and noneconomic damages. Economic damages are monies awarded as compensation for monetary losses and expenses which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. They are awarded for such things as the cost of reasonable and necessary medical care and lost earnings. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence. They are awarded for such things as physical pain and suffering, mental and emotional pain and suffering, and loss or diminution of the ability to enjoy life's pleasures." Connecticut Civil Jury Instructions § 3.4-1, available at https://www.jud.ct.gov/JI/Civil/Civil.pdf (last visited November 22, 2016).
Through the Russian Lady case, the complainant was compensated for his economic damages, including medical expenses. Absent statutory authority, one can recover losses in civil cases only once. General Statutes § 52-572h(a) provides in relevant part: " For the purposes of this section: (1) 'Economic damages' means compensation determined by the trier of fact for pecuniary losses including, but not limited to, the cost of reasonable and necessary medical care, rehabilitative services, custodial care and loss of earnings or earning capacity excluding any noneconomic damages . . . (3) 'recoverable economic damages' means the economic damages reduced by any applicable findings including but not limited to set-offs, credits, comparative negligence, additur and remittitur, and any reduction provided by section 52-225a [pertaining to collateral source payments] . . . The court has not found any legal authority by which the complainant may recover for the same injuries (1) economic damages for medical expenses through the civil lawsuit and (2) restitution for unpaid medical expenses through the AR program. That would be, in effect, the award of double damages for medical expenses. If the situation was reversed--the restitution was paid first--a reduction pursuant to General Statutes § 52-572h(a) would be justified. Even though the complainant claims that there are unpaid medical bills, the $60,000 settlement of the Russian Lady case covered his economic damages, including his medical expenses.
III
CONCLUSION
For the above-stated reasons, the court finds that the defendant has satisfactorily completed his period of AR probation. Therefore, the case is dismissed.