text:
    (No. 74-CV-1
    Eugene Peebles, Jr., Claimant, vs. State of Illinois, Respondent.

      Opinion filed July 15, 1974.

    Eugene Peebles, Jr., Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of criminal aggravated battery on October 15, 1973, at 3939 South Lake Park Avenue, Chicago, Illinois. Eugene Peebles, Jr. seeks compensation pursuant to provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”), Ill. Rev. Stat., 1973, Ch. 70, §71 et. seq.

. This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Bases upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72 to wit:

"Aggravated Battery §12-4, Ch. 38, Ill. Rev. Stat., 1973”.

2. That said crime occurred at 1:45 a.m. on October 15, 1973, at 3939 South Lake Park Avenue, Chicago, Illinois, at which time claimant suffered gunshot wounds to the left groin and the anterior chest wall.

3. That said crime was reported to the Chicago Police Department promptly and claimant has cooperated with law enforcement officials.

4. There was no evidence that claimant was a relative or member of the same household of the assailant.

5. The injury to claimant was not attributable either to his wrongful act or provocation on his part.

6. Claimant has suffered damages in excess of $500.00 compensible by Section 74 of the Act, to wit:

A. Hospital and Surgical expenses. $2,322.00
B. Lost time from work........... 500.00
TOTAL EXPENSES............$2,822.00

7. Claimant has received from private insurance an amount of $2,037.60.

8. That proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensible thereunder.

It Is Hereby Ordered that the sum of $784.40 (Seven Hundred And Eighty Four Dollars And Forty Cents) be awarded Eugene Peebles, Jr. as an innocent victim of a violent crime.


source: Caselaw Access Project

author: Per Curiam.

license: Public Domain

text:
    (No. 74-CV-40
    Mark B. Jennings, Claimant, vs. State of Illinois.

      Opinion filed August 14, 1974.

    Mark B. Jennings, Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a robbery and assault in the parking lot of the "Granery” a dance hall in Edwards-ville, Illinois. The claimant, Mark B. Jennings, seeks compensation pursuant to provisions of the Crime Victims Compensation Act hereafter referred to as "The Act.” Ill. Rev. Stats., 1973 Ch. 70 §71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was injured in his attempt to come to the assistance of an individual who was being robbed and assaulted. Injuries resulting from such conduct is compensable under Section 72d (2) of the Act, when the assistance is to help an individual against whom a crime of violence is being perpetrated. Assault is defined by Section 72(c) of the Act as a Crime of Violence.

2. That the assistance of the claimant was conduct of a reasonable man under the circumstances.

3. That said crime was promptly reported to the Sheriff of Madison County and claimant has at all times fully cooperated with law enforcement officials.

4. That the assailants have not been apprehended, which fact has no bearing on the eligibility of the claimant for recovery under the Act. (Ill. Rev. Stat. 1973, Ch. 70, par. 77(a).)

5. Claimant has no knowledge of the indentity of the assailant and the assailant was not a relative or member of claimant’s household.

6. The injury sustained by the claimant was not attributable either to his wrongful act or provocation on his part.

7. Claimant has suffered damages in excess of $500 compensible by Section 74 of the Act, ro wit:

Hospital, surgical and doctor bills for repair of fracture of the right mandible.
Hospital & Surgical ................................ $505.40
Physician.......................................... 405.00
Total Compensable
Medical Expenses................................... $910.40

8. Claimant has received no benefits or other compensation as a result of this injury.

9. Claimant was employed for 22 days prior to the incident but never returned to his employment after the incident and has lost no pay as a consequence.

10. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim, therefore, compensable thereunder.

It Is Hereby Ordered that the sum of $910.40 (Nine Hundred Ten Dollars And Forty Cents) be awarded Mark B. Jennings as a "good Samaritan” under the applicable provisions of the Act.


text:
    (No. 74-CV-63
    Arnold L. Sapp, Claimant, vs. State of Illinois, Respondent.

      Opinion filed September 26, 1974.

    Arnold L. Sapp, Claimant, pro se.
    William J. Scott, Attorney General, for Respondent.
   Per Curiam.

This claim arises from a murder which occurred on or about April 7, 1974, in Bureau County, Illinois. The claimant, Arnold Sapp, father of the deceased victim, Tracie Sapp, seeks remuneration for funeral expenses incurred as a result of the above-mentioned criminal act pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”). Ill. Rev. Stat., 1973, Ch. 70, Par. 71, et seq., as amended.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. The claimant herein is the father of a deceased victim of a compensible violent crime, to wit: murder specifically enumerated in paragraph 72 of the Act. (Murder; Ill. Rev. Stat., 1973, Ch. 38, Par. 9-1 (a)(1).

2. That the crime was promptly reported to the applicable law enforcement officials of Bureau County, Illinois.

3. That at all times claimant has fully cooperated with law enforcement officials in the investigation and prosecution of this incident.

4. That an alleged assailant has been apprehended by law enforcement officials and is awaiting trial in Bureau County, Illinois.

5. Claimant, and claimant’s deceased daughter were not related to or members of the same household of the assailant.

6. There is no evidence that the injury to claimant’s deceased daughter was attributable to her wrongful act or her provocation.

7. Claimant seeks reasonable funeral expenses for their daughter of $1,061.75.

8. Claimant has received no other compensation as a result of these injuries.

9. Pursuant to par. 77(d) of the Act, the Court must deduct the first $200 of expenses.

10. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensible thereunder.

It Is Hereby Ordered That The Sum Of $861.75 (Eight Hundred Sixty One Dollars And Seventy Five Cents) be awarded Arnold Sapp for reasonable funeral expenses incurred in the criminal death of Tracie Sapp.


text:
    (No. 74-CV-58
    James Foster, III, Claimant, vs. State of Illinois, Respondent.

      Opinion filed October 11, 1974.

    James Foster III, Claimant pro se.
    William J. Scott, Attorney General; George A. Mustis, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of criminal aggravated battery on December 28,1973, at 7922 South Marshfield Avenue, Chicago, Illinois. James Foster, III, seeks compensation pursuant to provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”), Illinois Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.

This court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the Claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Chap. 70, Sec. 72, to wit:

"Aggravated Battery Sec. 12-4, Ch. 8, Ill. Rev. Stat., 1973”.

2. That said crime occurred at 5:30 p.m. on December 28, 1973, at 7922 South Marshfield Avenue, Chicago, Illinois, at which time claimant suffered a gunshot wound to the lower left side of the back.

3. That said crime was reported to Area 2, Robbery Division of the Chicago Police Department promptly and claimant has cooperated with law enforcement officials.

4. There was no evidence that claimant was a relative or member of the same household of the assailant.

5. The injury to claimant was not attributable either to his wrongful act or provocation on his part.

6. Claimant has suffered damages in excess of $200.00 compensable by Section 4 of the Act, to wit:

A. Hospital expense . :.............................. $690.95
B. Surgical and Doctor expense....................... 100.00
TOTAL EXPENSES.......................... $790.95
Less $200 deductible............................. 200.00
TOTAL.....................................$590.95

7. Claimant has received no benefits or reimbursements from any source, nor is he or his family entitled to any benefits.

8. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $590.95 (Five Hundred And Ninety Dollars And Ninety Five Cents) be awarded James Foster, III as an innocent victim of a violent crime.


text:
    (No. 74-CV-67
    Signe O. Dahlquist, Claimant, vs. State of Illinois, Respondent.

      Opinion filed October 17, 1974.

    Signe O. Dahlquist, Claimant pro se.
    William J. Scott, Attorney General; George Mustis, Assistant Attorney General.
   Per Curiam.

This claim arose out of a criminal battery on April 9, 1974, at 6201 North Hermitage, Chicago, Illinois. Signe O. Dahlquist of 6404 North Hermitage, Chicago, Illinois, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime pursuant to Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Battery, Sec. 12-3, Ch. 38, Ill. Rev. Stat., 1973.”

2. That said crime occurred at 11:25 a.m. on April 9, 1974, at 6201 North Hermitage, Chicago, Illinois at which time claimant suffered a beating about the face.

3. That said crime was reported to Area 6, Robbery Division of the Chicago Police Department promptly and Claimant has cooperated fully with law enforcement officials.

4. There was no evidence that Claimant was a relative or member of the same household of the assailant.

5. The injury to Claimant was not attributable either to her wrongful act or provocation on her part.

6. Claimant has suffered damages in excess of $200.00 compensable by Section 74 of the Act, to wit:

A. Hospital Expenses.............................. $1,098.85
B. Surgical and Doctor’s Expenses.................... 857.00
TOTAL MEDICAL EXPENSES.................... $1,955.85

7. Direct benefits have been paid to the hospital and doctors by Medicare No. 340-32-0799A and Blue Shield No. 65005-4367 in the amount of:

Less INSURANCE BENEFITS........................ $1,743.89

8. There is a $.40 telephone charge that is not compensable under the Crime Victims’ Compensation Act:

Less UNCOMPENSABLE........................... $ .40
Less $200.00 Deductible 211.56
Pursuant to Sec. 7(d)............................... $ 200.00
TOTAL...................................... $ 11.56

9. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $11.56 (Eleven Dollars and Fifty Six Cents) be awarded Signe O. Dahlquist, as an innocent victim of a violent crime.


text:
    (No. 74-CV-64
    Guntram Zultner, Claimant, vs. State of Illinois, Respondent.

      Opinion filed October 24, 1974.

    Guntram Zultner, Claimant, pro se.
    William J. Scott, Attorney General; George A. Mustis, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on April 5, 1974, at 4343 North Hamlin, Chicago, Illinois, Guntram Zultner of 4511 North Greenview, Chicago, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery, Sec. 12-4, Ch. 38, Ill. Rev. Stats., 1973”

2. That said crime occurred at 11:00 p.m. on April 5, 1974, at 4343 North Hamlin, Chicago, Illinois, at which time claimant suffered a gunshot wound to the face. The bullet entered the right cheek and exited through the left cervical area.

3. That said crime was reported to Area 5, Robbery Division of the Chicago Police Department promptly and claimant has cooperated fully with law enforcement officials.

4. That there was no evidence that claimant was a relative or member of the same household of the assailant.

5. That the injury to claimant was not attributable either to his wrongful act or substantial provocation on his part.

6. That claimant has suffered damages in excess of $200.00 compensable by Section 74 of the Act, to wit:

A. Hospital Expenses ............................. $1,714.15
B. Doctor and Dental Expenses...................... 998.00
TOTAL MEDICAL EXPENSES.................... $2,712.15

7. That direct benefits have been paid to the hospital, doctors and dentist by Bankers Life Claim No. 4171752 in the amount of:

LESS INSURANCE BENEFITS....................... $2,127.00

8. That there is a $2.60 telephone charge that is not compensable under the Crime Victims’ Compensation Act.

LESS UNCOMPENSABLE.......................... $ 2.60
TOTAL UNREIMBURSED EXPENSES................. $ 582.55
LESS $200 DEDUCTIBLE
Pursuant to Sec. 7(d)............................... $ 200.00
$ 382.55 TOTAL

9. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $382.55 (Three Hundred Eighty Two Dollars And Fifty Five Cents) be awarded Guntram Zultner, as an innocent victim of a violent crime.


text:
    No. 75-CV-38
    Eugene Mewes, Claimant, vs. State of Illinois, Respondent.

      Opinion filed November 6, 1974.

    Eugene Mewes, Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arises out of a criminal incident which occurred on March 17, 1974, at approximately 8:30 p.m. in Rock Island, Illinois. Claimant seeks payment for lost wages and medical expenses incurred from a stabbing which occurred when the claimant and his family were out for a drive. The claimant’s family car was harrassed by another vehicle. When the claimant pulled to the side of the road in an attempt to avoid this other vehicle, it also stopped. Thereafter, the two drivers got out of the respective vehicles and held a discussion. The other driver then pulled a knife and stabbed the claimant.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois which substantiates matters set forth in the application based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime under Illinois Revised Statutes (1973) Ch. 70, par. 71, to wit:

"Aggravated Battery”.

2. That said crime occurred on March 17, 1974, at Rock Island, Illinois, at which time the claimant suffered a stab wound in his abdomen.

3. That said crime was reported to the Rock Island Police Department promptly and the claimant at all times has cooperated with law enforcement officials.

4. That no evidence exists that the claimant provoked or was the substantial cause of his attack.

5. That the assailant, Terry J. Billington, was apprehended, indicted and subsequently pled guilty to the charge of "aggravated battery” in the Circuit Court of Rock Island County, No. 74-CF-100.

6. Claimant is not a relative of or a member of the same household of the assailant.

7. Claimant has suffered damages in excess of $200 compensable by Section 74 of the Act; to wit:

A. Hospital...................................... $ 198.53
B. Doctor....................................... 66.00
C. Loss of Wages ................................. 409.56
$ 674.09

8. Claimant has received, as a result of the injury sums of money that are set-offs to any claim under the Act; to wit:

A. Insurance..................................... $143.63

9. Pursuant to Par. 77(d) of the Act, the Court must deduct the first $200 of expenses.

10. That the proof submitted in support satisfies all of the requirements of this Act, and the claim is, therefore, compensible thereunder.

It Is Hereby Ordered that the sum of $330.46 (Three Hundred Thirty Dollars And Forty Six Cents) be awarded Eugene Mewes as an innocent victim of a violent crime.


text:
    (No. 75-CV-109
    Robert D. Wilson, Claimant, vs. State of Illinois, Respondent.

      Opinion filed November 25, 1974.

    Robert D. Wilson, Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim, arising out of a criminal incident on May 14, 1974, at Sieberling and Prospect Roads, Peoria Heights, Illinois, seeks payment of compensation to claimant pursuant to provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”). Illinois Revised Statutes, 1973, Ch. 70, Sec. 71, et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report of the Attorney General of the State of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime under Illinois Revised Statutes, 1973, Ch. 70, Sec. 71: to wit, assault, Illinois Revised Statutes, 1973, ch. 38, par. 12-1.

2. That said crime occurred at approximately 2:15 a.m. at which time, claimant suffered a fractured wrist and other numerous injuries.

3. That said crime was reported to the Peoria Heights Police Department promptly and claimant at all times has cooperated with law enforcement officials.

4. That the alleged assailant has not been apprehended.

5. Claimant, as indicated by the report of the Attorney General, did not provoke the incident.

6. Claimant is not a relative of or a member of the same household of the assailant.

7. Claimant has suffered damages in excess of $200 compensable by Section 74 of the Act: to wit:

A. Hospital (emergency room)........................ $113.00
B. Doctors....................................... 28.00
C. X-Rays....................................... 24.00
D Ambulance Fee................................. 47.00

8. Claimant has received medical insurance payments in the amount of $147, as a result of this incident, which amount is a set-off pursuant to the "Act”.

9. Claimant lost 12 days of work, of which 7 were compensated by sick pay, leaving a net of 5 days lost wages. The claimant’s average lost pay per day was $41.82, therefore, his lost time under the "Act” amounted to $209.10.

10. Pursuant to Illinois Revised Statutes, 1973, Ch. 70, Sec. 71, this Court must deduct the first $200 in expenses.

11. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $74.10 (Seventy Four Dollars And Ten Cents) be awarded Robert D. Wilson, as a victim of a violent crime.


text:
    (No. 74-CV-28
    Paul C. Kettler, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 14, 1975.

    Paul C. Kettler, Claimant, pro se.
    William J. Scott, Attorney General; Leonard Cahnmann, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on January 25,1974, at approximately 9 p.m. at 79th and Crandon, Chicago, Illinois. Paul C. Kettler, age 32, of 7435 South Yates Boulevard, Chicago, Illinois, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, (hereafter referred to as the "Act”) Ill. Rev. Stat., 1973, Ch. 70, Sec. 71, et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows.

1. That the Claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973 Ch. 38, Sec. 12-4.”

2. That said crime occurred at approximately 9 p.m. on January 25, 1974, at 79th and Crandon Avenue, Chicago, Illinois, at which time the claimant suffered gunshot wounds in both his lungs. A detailed summary of the facts and information considered by the Court is contained in an investigative report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported therein are incorporated in this opinion by reference.

3. That the crime was promptly reported to the Chicago Police Department, and claimant has cooperated fully with law enforcement officials. That the assailants or assailant have not been identified, and that an investigation is continuing by the Chicago Police Department.

4. That there was no evidence that claimant was a relative or member of the same household of the assailants.

5. That the injury to the claimant was not attributable to either his wrongful act or substantial provocation on his part.

6. That claimant has suffered pecuniary loss in excess of $200, as a result of his injury, compensable under Sec. 4 of the Act, as stated below:

Total Hospital & Medical Expenses incurred............. $3,916.95

7. That insurance payments have been made as a result of the injury by the General American Life Insurance Company and the Hartford Insurance Company in the amount of $3,077.49; and the victim received no other payments from insurance of any kind, state, local or federal government, or from any other source as a result of his injury.

Deducting Insurance Benefits received
[As required by 17(d) of the Act]...................... 3,077.49
TOTAL UNREIMBURSED EXPENSES..................$ 839.46
Pursuant to Sec. 7(d) of the Act, the court must also deduct the first $200 of unreimbursed expenses.............. 200.00
NET AMOUNT OF PECUNIARY LOSS AFTER
DEDUCTIBLES................................... $ 639.46

The court finds that the proof submitted in support of this claim satisfies all the requirements of this Act, and the claim is therefore compensable thereunder in the amount last stated above.

The court carefully considered claimant’s contention that he is equitably entitled to be compensated for loss of earnings for the 2-month period of his disability pursuant to the following provision of §4 of the Act:

"Loss of earnings, loss of future earnings and loss of support shall be determined on the basis of the victim’s average monthly earnings for the 6 months immediately preceding the date of the injury or on $500 per month, whichever is less.”

Although claimant was not employed during the six month period prior to his injury, he was actively pursuing his doctorate degree in anticipation of re-entering the job market. Claimant argues that his injury delayed his education and, therefore, delayed his re-entry to the job market. Hence, claimant contends that he suffered pecuniary loss when the injury caused him to lose 2 months time from his studies. Claimant concedes that this does not bring his claim for loss of earning literally within the language of the Act. The court respects the logic of claimant’s argument but feels that, even a most liberal interpretation of the Act, would not justify the acceptance of the claimant’s position on this point without our engaging in judicial legislation, and exercising equitable powers we do not possess.

It Is Hereby Ordered that the sum of $639.46 (Six Hundred Thirty-Nine and 46/100ths Dollars) be awarded Paul C. Kettler, as an innocent victim of a violent crime.


text:
    (No. 74-CV-3
    Larry L. Keely, Claimant, vs. State of Illinois, Respondent.
    Opinion filed July 15, 1974.

      Amended Opinion filed January 27, 1975.

    Larry L. Keely, Claimant, pro se.

      William J. Scott, Attorney General; George A. Mustis, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of criminal aggravated battery on December 23,1973, at 4646 North Hermitage Avenue, Chicago, Illinois. Larry Keely seeks compensation pursuant to provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”), Ill. Rev. Stat., 1973. Ch. 70, §71, et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other. evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery Sec. 12-4, Ch. 38, Ill. Rev. Stat., 1973”.

2. That said crime occurred at 5:00 a.m. on December 23, 1973, at 4646 North Hermitage Avenue, Chicago, Illinois, at which time claimant suffered a stab wound to the stomach which penetrated the peritoneum and peritoneal cavity.

3. That said crime was reported to the Chicago Police Department promptly and claimant at all times has cooperated with law enforcement officials.

4. There was no evidence claimant was a relative or member of the same household of the assailant.

5. The injury to claimant was not attributable either to his wrongful act or provocation on his part.

6. Claimant has suffered damages in excess of $500.00 compensable by Section 74 of the Act, to wit:

A. Ravenswood Hospital........................... $1,825.75
12/23/73 to 12/31/73 less personal expenses........................... 2.80
$1,822.95
B. Surgeon — Dr. Cunningham....................... 620.00
C. Eye Glasses................................... 44.95
D. Police Report.................................. 3.00
E. Lost Wages 12/24/73 to 1/4/74 ..................... 186.33
$2,677.23

7. Claimant has received compensation in the amount of $171.42 from private insurance as a result of these injuries.

8. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $2,505.81 (Two Thousand Five Hundred Five Dollars and Eighty-one Cents) be awarded Larry L. Keely as an innocent victim of a violent crime.

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $2,505.81. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $1,505.82 be referred forthwith to the General Assembly for its approval.


text:
    (No. 74-CV-4
    James H. Deir, as father of Thomas Deir, Deceased, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 14, 1975.

      Amended opinion filed January 27, 1975.

    James D. Biggs, Attorney for Claimant.
    William J. Scott, Attorney General; Leonard Cahnmann, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal homicide which occurred on October 31, 1973, at 6651 South Hoyne Avenue, Chicago. James H. Deir, father of the deceased, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act (hereafter referred to as the "Act”) Ill.Rev.Stat., 1973, Ch. 70, §71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report of the Attorney General of the State of Illinois which substantiates the matters as set forth in the application; that on October 31,1973, at 8:00 p.m., Thomas Deir, age 16, of 6601 South Hamilton Street, Chicago, was sitting on the front porch of a friend’s home when he was struck in the head by a bullet fired from the revolver of a man who was running from an attempted gas station robbery. The victim was rushed to Holy Cross Hospital where an emergency craniotomy was performed. The victim remained in critical condition and expired on November 5, 1973.

Victor J. Welch, age 17, of 1234 West 97th Place, Chicago, was arrested by the Chicago Police Department, Area 3 Homicide and charged with the murder of Thomas F. Deir. Welch confessed to the murder, and his confession substantiates the events set forth by the claimant in his application.

A detailed summary of the facts and information considered by the Court is contained in an investigative report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported herein are incorporated in this opinion by reference.

Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. The claimant is the father of a victim of a violent crime covered under the "Act”, to wit:

"Murder, Ill. Rev. Stat., 1973, Ch. 38, Sec. 9-1.”

2. That the claimant has suffered pecuniary loss in excess of $200 compensable by Sec. 4 of the Act to wit:

A. Hospital Expenses..............................$1,762.00
B. Doctor Expenses...............................$ 980.00
C. Funeral Expenses..............................
Preparation & Casket....................$1,265.00
Cemetery............................. 160.00
Clergyman............................ 35.00
Obituary Notices ....................... 39.75
Copies of Death Certificate................ 7.00
Flowers .............................. 110.25
$1,617.00
TOTAL EXPENSES.........................$4,359.00
The Assistant Attorney General felt that it was for the Court to determine whether the cost of obituary notices and flowers contained in the funeral bill are compensable under the Act. As the Court reads the Act as a whole it is apparent that it was the legislative intent that the Court should apply the rule of reasonableness in determining the compensable amount for funeral and burial expenses. In this particular case and in the light of all the circumstances attending this tragic loss, the Court feels that all items in this particular funeral bill are reasonable and should be compensable.
TOTAL COMPENSABLE EXPENSES . . . $4,359.00
Less $200.00 deductible which the Court is required by statute to deduct from all claims ... —$ 200.00
TOTAL .......................... $4,159.00

3. That the appropriate law enforcement officials, Chicago Police Department, Area 3 Homicide, were promptly notified of the perpetration of the crime allegedly causing the injury to the victim.

4. That claimant has cooperated with law enforcement officials to the fullest extent possible under the circumstances and that the assailant, Victor Welch, age 17 of 1234 West 97th Place, Chicago, Illinois, has confessed to the murder of the victim.

5. That the victim and his assailant were not related and sharing the same household.

6. That the injury to the victim was not attributable to his wrongful act or substantial provocation of his assailant.

7. That a Notice of Intent to File a Claim was duly filed as required by the Act. That claimant’s Application, Subrogation Agreement and Authorization for Records and Reports were timely filed with the Court.

8. That at the conclusion of a hearing held before this Court it was determined that the proof submitted in support of this claim satisfied all the requirements of the Act.

9. That this claim is therefore compensable under the Act.

10. That the amount of compensation due the claimant is $4,159.00 as determined by Sec. 4 and 7 (d) of the Act.

It Is Hereby Ordered that the sum of $4,159.00 (Four Thousand One Hundred And Fifty Nine Dollars) be awarded, James H. Deir, the father of Thomas Deir, an innocent victim of a violent crime.

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of $4,159.00. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $3,159.01 be referred forthwith to the General Assembly for its approval.


text:
    (No. 74-CV-6
    Leo Regli, on behalf of, Brigitte Regli, Deceased, Claimant, vs. State of Illinois, Respondent.

      Opinion filed December 17, 1974.

      Amended opinion filed January 27, 1975.

    Leo Regli, Claimant, pro se.
    William J. Scott, Attorney General; Paul C. West, Senior Law Student under supervision of William Karaganis, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of the death by homicide of Brigitte Regli, 16 years of age, of 1748 Sangamon Street, Crete, Illinois, discovered in December 8,1973, at Elms-court Lane, Crete, Illinois. The victim’s father, Leo Regli, of 1748 Sangamon Street, Crete, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. The claimant herein is the father of a deceased victim of a compensable violent crime, to wit:

Murder, specifically enumerated in paragraph 72 of the Act. (Murder; Ill. Rev. Stats., 1973, Ch. 38, Par. 9-1 (a) (1).

2. That the crime was promptly reported to the applicable law enforcement officials of Will County, Illinois.

3. That at all times claimant has fully cooperated with law enforcement officials in the investigation of this incident.

4. That the assailant or assailants have not been apprehended by law enforcement officials and that the investigation is ongoing by the Will County Sheriff’s Police.

5. That there is no evidence to show that claimant, or claimant’s deceased daughter were related to or members of the same household of the assailant.

6. There is no evidence that the injury to the claimant’s deceased daughter was attributable to her wrongful act or her provocation.

7. Claimant seeks reasonable funeral expenses for their daughter of $1,270.05.

8. Claimant has received no other deductible compensation, pursuant to the Act.

9. Pursuant to par. 77 (d) of the Act, the Court must deduct the first $200 of expenses.

10. That the proof submitted in support of this claim satisfies all of the requirements of the Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $1,070.05 (One Thousand Seventy Dollars and Five Cents) be awarded Leo Regli for reasonable funeral expenses incurred in the criminal death of Brigitte Regli.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of $1,070.05. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $70.06 be referred forthwith to the General Assembly for its approval.


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    (No. 74-CV-14
    Everett W. Bradford, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 8, 1975.

      Amended opinion filed January 27, 1975.

    Everett W. Bradford, Claimant, pro se.
    William J. Scott, Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on December 11,1973, at 309 South Horace Avenue, Rockford, Illinois. Everett W. Bradford, age 52, of 2516 Highcrest Road, Rockford, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”) Ill. Rev. Stat., 1973, Ch. 70. Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973, Ch. 38 Sec. 12-4"

2. That said crime occurred at approximately 5:30 p.m. on December 11, 1973, at 309 South Horace Avenue, Rockford, Illinois, at which time claimant suffered a gunshot wound to the head.

3. That said crime was reported to the Rockford Police Department, Rockford, Illinois, promptly and claimant has cooperated fully with law enforcement officials. That the assailant or assailants have not been identified and that the investigation is ongoing by the Rockford Police.

4. That there was no evidence that claimant was a relative or member of the same household of the assailant.

5. That the injury to claimant was not attributable either to his wrongful act or substantial provocation on his part.

6. That claimant has incurred expenses in excess of $200 compensable by Sec. 74 of the Act, to wit:

A. Hospital Expenses.............................. $3,281.70
B. Doctor Expenses............................... $1,634.70
TOTAL MEDICAL EXPENSES................ $4,916.40

7. That, as the result of his injuries claimant was unable to work from December 11,1973, to December 11,1974, and continues to be unable to work as of the date of this opinion. Claimant has sustained an actual net loss of earnings for this period of 12 months in the amount of $7,800. The maximum compensation for loss of earnings in one year, pursuant to Sec. 4 of the Act, is $6,000.

COMPENSABLE LOST WAGES...................... $6,000.00
TOTAL EXPENSES AND LOST WAGES TO THIS DATE................................$10,916.40

8. That claimant’s future loss of wages, although undetermined at this time, need not be considered in this award since the claimant has established that the total amount of his pecuniary loss already exceeds the maximum amount payable to a claimant under the Act.

9. That there is no evidence that claimant has received any compensation from Workman’s Compensation, local state or federal funds or insurance of any kind.

10. Pursuant to Par. 77 (d) of the Act, the Court must deduct the first $200 of expenses.

-$ 200.00
$10,716.40

11. A detailed summary of the facts and information by the Court is contained in an investigative report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported therein are incorporated in this opinion by reference.

12. That the proof submitted in support of this claim satisfies all the requirements of this Act, and the claim is therefore compensable thereunder for the maximum award allowed by the Act.

It Is Hereby Ordered that the sum of $10,000.00 (Ten Thousand Dollars and No Cents) be awarded Everett W. Bradford, as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $10,000.00. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $9,000.01 be referred forthwith to the General Assembly for its approval.


text:
    No. 74-CV-23
    Mina Plummer, Claimant, vs. State of Illinois, Respondent.

      Opinion filed August 2, 1974.

      Amended opinion filed January 27, 1975.

    Mina Plummer, Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a battery on November 20, 1973, at 13th and South Grand Avenue, Springfield, Illinois. Mina Plummer seeks compensation pursuant to provisions of the "Crime Victims Compensation Act” hereafter referred to as "the Act”.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds as follows:

1. That the claimant, Mina Plummer, was a victim of a violent crime covered under Illinois Revised Statutes, 1973, Chap. 70, Sec. 72, to wit:

Battery §12-3, Chapter 38, Illinois Revised Statutes, 1973

when she was struck in a robbery on November 20, 1973, at 13th and South Grand, Springfield, Illinois.

2. That said crime was promptly reported to tlje Springfield City Police Department and that claimant has at all times provided whatever cooperation and assistance sought by law enforcement officials.

3. That the assailant has not been apprehended, which fact has no bearing on the eligibility of the claimant for recovery under the Act. (Ill. Rev. Stat., 1973, Ch. 70, par. 77(a).)

4. Claimant has no knowlege of the identity of the assailant and the assailant was not a relative or member of claimant’s household.

5. The injury sustained by the claimant was not attributable either to her wrongful act or provocation on her part.

6. Claimant has suffered damages in excess of $500 compensable by Section 74 of the Act, to wit:

Hospital, surgical and doctor bills for repair of fractures of the left arm, left ribs and left hip.
Hospital & physicians.............................. $2,570.33
Physicians....................................... 1,297.00
TOTAL compensable medical -
expenses.....................................$3,867.33

7. As a result of this incident, claimant has received the following reimbursements which must be set off from any award pursuant to paragraph 77(d) of the Act:

Medicare & Medicaide benefits........................ $1,449.77
Insurance........................................ 310.80
TOTAL SET OFF.............................. $1,760.27

8. The claimant has received no other compensation as a result of these injuries.

9. Claimant was not employed at the time of the incident.

10. That the proof submitted in support of this claim satisfied all of the requirements of this Act, and the claim is, therefore, compensable thereunder.

It Is Hereby Ordered that the sum of $2,107.06 (Two Thousand One Hundred Seven Dollars And Six Cents) be awarded Mina Plummer as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $2,107.06. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $1,107.07 be referred forthwith to the General Assembly for its approval.


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    (No. 74-CV-26
    Thomas Vanderbilt, on behalf of Sheryl Vanderbilt, Deceased, Claimant, vs. State of Illinois, Respondent.

      Opinion filed December 17, 1974.

      Amended opinion filed January 27, 1975.

    Thomas Vanderbilt, Claimant, pro se.
    William J. Scott, Attorney General; Leonard Cahnmann, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal homicide on November 15,1973, at 5425 South Woodlawn Avenue, Chicago, Illinois. Thomas Vanderbilt, the father of the victim, Sheryl Vanderbilt, seeks compensation pursuant to the "Crime Victims Compensation Act” (hereafter referred to as the "Act”) Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant is the father of a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72 to wit:

"Murder, Ill. Rev. Stat., 1973, Ch. 38, Sec. 9-1

2. That said crime occurred at 5:00 p.m., on November 15, 1973, at 5425 South Woodlawn, Chicago, Illinois, at which time the victim was stabbed to death.

3. That the crime was reported to the Chicago Police Department, and the claimant has cooperated fully with law enforcement officials. That the assailant was identified as, Clifton West, age 15, of 5314 South Kimbark. That Clifton West was charged with the murder of Sheryl Vanderbilt, and is being held by juvenile authorities for prosecution.

4. There is no evidence that the victim was a relative or member of the same household of the assailant.

5. That the death of the victim was not attributable either to her wrongful act or substantial provocation on her part.

6. That claimant suffered damages in excess of $200 compensable by Sec. 74 of the Act to wit:

FUNERAL EXPENSES.......................... $1,514.49

7. That no insurance claim or death benefits were paid as a result of the victims death.

8. That $200 shall be deducted pursuant to Sec. 7 (d) of the Act. $1,514.49 less $200 deductible equals: $1,314.49.

9. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $1,314.49 (One Thousand Three Hundred Fourteen Dollars And Fourty Nine Cents) be awarded Thomas Vanderbilt as the father of an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $1,314.47. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $314.50 be referred forthwith to the General Assembly for its approval.


text:
    (No. 74-CV-50
    Rhonda L. Day, Claimant, vs. State of Illinois, Respondent.

      Opinion filed October 11, 1974.

      Amended opinion filed January 27, 1975.

    Stanley S. Day, Attorney for Claimant.
    William J. Scott, Attorney General; George A. Mustio, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of criminal aggravated battery on March 25, 1974, at 1407 North Wells, Chicago, Illinois. Rhonda Day of 3215 Overland Avenue, Los Angeles, California, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” [hereafter referred to as the "Act”], Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to-wit:

"Aggravated Battery Sec. 12-4, Ch. 38, Ill. Rev. Stats., 1973.”

2. That said crime occurred at 1:40 p.m. on March 25,1974, at 1407 North Wells, Chicago, Illinois, at which time claimant suffered a gunshot wound to the lower abdomen.

3. That said crime was reported to Area 6 Robbery Division of the Chicago Police Department promptly and claimant has cooperated fully with law enforcement officials.

5. The injury to claimant was not attributable either to her wrongful act or provocation on her part.

6. Claimant has suffered damages in excess of $200.00 compensable by Section 74 of the Act, to wit:

A. Hospital Expense............................... $3,438.45
B. Surgical and Doctor’s expense..................... 907.00
TOTAL EXPENSES.......................... 4,345.45
less $200.00 deductible....................... 200.00
TOTAL.................................4,145.45

7. Claimant has received no benefits or reimbursements from any other source, nor is she or her family entitled to any such benefits from other sources as a result of her injuries.

8. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $4,145.45 (Four Thousand One Hundred Forty-Five Dollars and Forty-Five Cents) be awarded Rhonda Day, as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $4,145.45. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims for the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $3,145.46 be referred forthwith to the General Assembly for its approval.


text:
    (No. 74-CV-54
    Howard Wendzinski, Claimant, vs. State of Illinois, Respondent.

      Opinion filed December 17, 1975.

      Amended opinion filed January 27, 1975.

    Howard Wendzinski, Claimant, pro se.
    William J. Scott, Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on May 17, 1974, at 5812 W. 35th Street, Cicero, Illinois. Howard Wendzinski of 5804 W. 35th Street, Cicero, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973 Chap. 70 Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under the Act to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973, Ch. 38, Sec. 12-4

2. That the claimant has suffered damages in excess of $200 compensable by Sec. 4 of the Act to wit:

A. Hospital Expenses ................................$2,127.55
B. Doctor Expenses..................................$ 339.00
TOTAL MEDICAL EXPENSES...................$2,466.55
C. That claimant was unable to work from May 17, 1974, to July 15, 1974, as a result of his injuries. That he sustained an actual net loss in wages in the amount of $651.44 for this 2-month period.
NET WAGE LOSS or $500 per month whichever is less: . . .$ 651.44
TOTAL EXPENSES & LOST WAGES .............$3,117.99
D. That claimant has received no benefits or reimbursements from any other source, nor is he or his family entitled to such benefits from other sources as a result of his injuries.
TOTAL UNREIMBURSED EXPENSES ............$3,117.99
E. That there if $.75 telephone charge on claimant’s hospital bill that is not compensable under the Crime Victims’ Compensation Act.
LESS UNCOMPENSABLE EXPENSES ............$ .75
LESS $200 Deductible
Pursuant to Sec. 7 (d) ..........................$ 200.00
TOTAL..................................$2,917.24

3. That the appropriate law enforcement officials, Cicero Police Department, were notified of the perpetration of the crime allegedly causing the injury to the victim as soon after its perpetration as was reasonably practicable under the circumstances.

4. That claimant has cooperated fully with law enforcement officials. That, as of the this date, the assailant has not been identified or apprehended.

5. That the victim and his assailant were not related and sharing the same household.

6. That the injury to the victim was not substantially attributable to his wrongful act or substantial provocation of his assailant.

7. That a timely notice was filed June 15, 1974. That claimant’s timely Application, Subrogation, and Authorization for Records and Reports were filed with the Clerk on June 6, 1974.

8. That the proof submitted in support of this claim satisfies all the requirements of this Act.

9. That the claim is therefore compensable.

10. That the amount of compensation due the claimant is $2,917.24 as determined by Sec. 4 and 7 (d) of the Act.

It Is Hereby Ordered that the sum of $2,917.24 (Two Thousand Nine Hundred And Seventeen Dollars And Twenty Four Cents) be awarded Howard Wendzinski as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $2,917.24. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $1,917.25 be referred forthwith to the General Assembly for its approval.


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    (No. 74-CV-52
    Jerome Peters, Claimant, vs. State of Illinois, Respondent.

      Opinion filed November 4, 1974.

      Amended opinion filed January 27, 1975.

    Jerome Peters, Claimant, pro se.
    William J. Scott, Attorney General; George Mustis, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on December 17, 1973, at 147th and Ashland Avenue, Harvey, Illinois. Jerome Peters of 16349 Dixie Highway, Markham, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973, Ch. 38, Sec. 12-4"

2. That said crime occurred at 6:05 p.m. on December 17, 1974, at 147th and Ashland Avenue, Harvey, Illinois, at which time claimant suffered gunshot wounds to the face and abdomen.

3. That said crime was reported to Harvey Police Department, Harvey, Illinois, promptly and claimant has cooperated fully with law enforcement officials. That, the assailant was identified as Gary Jordan, of YMCA, Harvey, Illinois. That Gary Jordan pleaded guilty to the battery of the claimant and further that the assailant, Gary Jordan, was sentenced on March 7, 1974 to 11 months in the Cook County Jail with two years probation at completion of sentence.

4. That there was no evidence that claimant was a relative or member of the same household of the assailant.

5. That the injury to claimant was not attributable either to his wrongful act or substantial provocation on his part.

6. That claimant has suffered damages in excess of $200.00 compensable by Section 74 of the Act, to wit:

A. Hospital Expenses .............................$ 8,482.49
B. Doctor Expenses...............................$ 2,235.00
TOTAL MEDICAL EXPENSES...................$10,717.49

7. That claimant was unable to work from December 18, 1973, to March 29, 1974, as the result of his injuries. That he sustained an actual net loss in wages in the amount of $1,062.15 for this period. That this loss is less than the statutory maximum and is totally compensable under the Act.

NET WAGE LOSS..........................$ 1,062.15
TOTAL EXPENSES AND LOST WAGES ...........$11,779.64

8. That direct benefits have been paid to the hospital and doctors by Blue Cross and Blue Shield, Certificate No. 51100-96440 in the amount of $10,153.55.

LESS INSURANCE BENEFITS ...............$10,153.55
TOTAL UNREIMBURSED EXPENSES.............$ 1,626.09

9. That there are $3.12 telephone and personal charges on claimant’s hospital bill that are not compensable under the Crime Victims’ Compensation Act.

LESS UNCOMPENSABLE ...................$ 3.12
LESS $200.00 DEDUCTIBLE
Pursuant to Sec. 7(d) ...........................$ 200.00
TOTAL $ 1,422.97

10. That the proof submitted in support of this claim satisfied all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $1,422.97 (One Thousand Four Hundred Twenty Two Dollars And Ninety Seven Cents) be awarded Jerome Peters, as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This Court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $1,422.97. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the Court on its own motion orders herewith an immediate partial payment up to the limit which this Court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the Court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $422.98 be referred forthwith to the General Assembly for its approval.


text:
    (No. 74-CV-65
    Mahlon Mims, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 8, 1975.

      Amended Opinion filed January 27, 1975.

    Mahlon Mims, Claimant, pro se.
    William J. Scott, Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on May 11, 1974, in the vicinity of 86th Street and Ashland Avenue, Chicago, Illinois. Mahlon Mims of 13130 Eberhart, Chicago, Illinois, seeks compensation pursuant to the provisions of the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72 to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973, Ch. 38 Sec. 12-4’

2. That said crime occurred at approximately 11:00 p.m. on May 11,1974 in the vicinity of 86th Street and Ashland Avenue, Chicago, Illinois, at which time Claimant suffered gunshot wounds to the abdomen.

3. That said crime was reported to Chicago Police, Chicago, Illinois, promptly and claimant has cooperated fully with law enforcement officials. That, the assailants have not been identified and that the investigation is ongoing under the direction of Investigator Fred Haley, Star No. 9780 of the Chicago Police Department.

4. That there was no evidence that claimant was a relative or member of the same household of the assailant.

5. That the injury to claimant was not attributable either to his wrongful act or substantial provocation on his part.

6. That claimant has sustained expenses in excess of $200.00 compensable by Sec. 74 of the Act, to wit:

A. Hospital Expenses .............................$5,403.17
B. Doctor Expenses...............................$1,461.00
TOTAL MEDICAL EXPENSES................$6,864.17

7. That claimant was unable to work for a period of 14 weeks, or 3.5 months. That he sustained an actual loss in wages in the amount of $4,704.00. That he was reimbursed by disability benefits from his union of $745.00, making his net loss $3,959. That, based on the statutory maximum compensation of $500.00 per month over the 3.5 month period of wage loss, the maximum compensation available to claimant is $500 x 3.5, or $1,750.

ACTUAL WAGES LOST ........................... $4,704.00
DISABILITY BENEFITS ...........................-$ 745.00
NET LOSS................................... $3,959.00
STATUTORY MAXIMUM COMPENSATION AS EXPLAINED ABOVE ................................... $1,750.00
TOTAL EXPENSES AND COMPENSABLE LOST WAGES . $8,614.17

8. That medical benefits have been paid by claimant’s union welfare fund in the amount of $5,782.44.

LESS INSURANCE BENEFITS................... $5,782.44
TOTAL UNREIMBURSED EXPENSES................ $2,831.73

9. That there are $25.87 in telephone and personal service charges on claimant’s Hospital bill that are not compensable under the Crime

Victims Compensation Act.

LESS UNCOMPENSABLE ......................- $ 25.87
LESS $200 DEDUCTIBLE PURSUANT TO SEC. 7(d).....- $200.00
TOTAL.....................................'---- $2,605.86

10. That the proof submitted in support of this claim satisfied all the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $2,605.86 (Two Thousand And Five Dollars And Eighty Six Cents) be awarded to Mahlon Mims, as an innocent victim of a violent crime.

11. A detailed summary of the facts and information by the Court is contained in an investigative report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported therein are incorporated in this opinion by reference.

AMENDED OPINION and SUPPLEMENTARY ORDER

This court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $2,605.86. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the court on its own motion orders herewith an immediate partial payment up to the limit which this court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Funds as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $1,605.87 be referred forthwith to the General Assembly for its approval.


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    (No. 75-CV-30
    Dalbert Steele, a minor by Ruth Steele, his mother and next friend, on behalf of Anrew Steele, Deceased, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 8, 1975.

      Amended opinion filed January 27, 1975.

    Sol A. Gayle, Attorney for Claimant.
    William J. Scott, Attorney General; Leonard Cahnmann, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal homicide on April 11, 1974, at 8143 South Kingston, Chicago, Illinois. Dalbert Steele, the son of the victim, a minor, by Ruth Steele, his mother and next friend, seeks compensation pursuant to the "Crime Victims Compensation Act” (hereafter referred to as the "Act”), Ill. Rev. Stat., 1973, Ch. 70. Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court, and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant is the son of a victim of a violent crime covered under Ill. Rev. Stat, Ch. 70, Sec. 72, to wit:

"Murder, Ill. Rev. Stat., 1973, Ch. 38, Sec. 9-1”

2. That said crime occurred at approximately 1:00 p.m. on April 11,1974, at 8143 South Kingston Avenue, Chicago, Illinois, at which time the victim died of gunshot wounds.

3. That the crime was reported to the Chicago Police Department promptly by William Williams, of 7021 South Woodlawn, Chicago, Illinois, and that the claimant has cooperated fully with law enforcement officials, but that no arrests have been made as a result of the crime.

4. That there is no evidence that the victim was a relative or member of the same household of the assailant.

5. That the death of the victim is not attributable either to his wrongful act or substantial provocation on his part.

6. That the Claimant suffered damages in excess of $200 compensable by Sec. 74 of the Act to wit:

Loss of child support payments of $20.00 per week from April 11, 1974, the date of the victim’s death to December 27, 1975, the date he reaches his majority, a total of 89 weeks. This being pursuant to Court Order 66-D-18624, entered on May 16, 1972, by Judge David Linn in the Circuit Court of Cook County, ordering the victim, Andrew Steele, to pay $20.00 per week to Ruth Steele, the mother of the Claimant, for the support of the Claimant, her minor son, until he reaches his majority.
89 weeks at $20.00 per week equals ...................$1,780.00

7. That no insurance claims or death benefits, other than monthly social security of $147.00 were paid to the claimant as a result of the victims death.

8. That $200 shall be deducted pursuant to Sec. 7 (d) of the Act. $ 200.00

TOTAL .........................................$1,580.00

It Is Hereby Ordered that pursuant to the Court Order in paragraph 6, that the sum of $1,580.00 (One Thousand Five Hundred And Eighty Dollars) be awarded to Ruth Steele, for the use, benefit and support of her minor son Dalbert, the son of an innocent victim of a violent crime.

A detailed summary of the facts and information considered by the Court is contained in an Investigative Report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported therein are incorporated in this Opinion by reference.

AMENDED OPINION and SUPPLEMENTARY ORDER

This Court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $1,580.00. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the Court on its own motion orders herewith an immediate partial payment up to the limit which this Court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the Court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $580.01 be referred forthwith to the General Assembly for its approval.


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    (No. 75-CV-115
    James Zumer, Jr., Claimant, vs. State of Illinois, Respondent.

      Opinion filed November 12, 1974.

      Amended opinion filed January 27, 1975.

    James Zumer, Claimant, pro se.
    William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arising out of a criminal incident on May 29, 1974, at 1023 N. 9th Street, East St. Louis, Illinois, seeks payment of compensation to claimant pursuant to provisions of the "Crime Victims Compensation Act” (hereafter referred to as "the Act”). Illinois Revised Statutes, 1973, Ch. 70, Sec. 71, et seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report of the Attorney General of the State of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime under Illinois Revised Statutes, 1973, Ch. 70, sec. 71: to wit, assault, Illinois Revised Statutes, 1973, Ch. 38, Par. 12-1.

2. That said crime occurred at 4:55 p.m. at 1023 N. 9th Street, East St. Louis, Illinois, at which time claimant suffered a fractured left leg and other numerous injuries.

3. That said crime was reported to the East St. Louis Police Department promptly and claimant at all times has cooperated with law enforcement officials.

4. That the alleged assailant has not been apprehended.

5. Claimant, as indicated by the report of the Attorney General, did not provoke the incident.

6. Claimant is not a relative of or a member of the same household of the assailant.

7. Claimant has suffered damages in excess of $200 compensable by Section 74 of the Act: to wit:

A. Hospital......................................$1,788.50
B. Doctors:
Dr. Harold S. Harsin........................... 253.00
Dr. Henry M. Hurd............................ 800.00
C. X-Ray........................................ 81.00
D. Ambulance Fee................................. 35.00

8. Claimant has not received nor is he entitled to any sums of money as a result of this injury which would be considered a set-off to any award.

9. Pursuant to Illinois Revised Statutes, 1973, Chap. 70, Sec. 71, this Court must deduct the first $200 in expenses.

10. That the proof submitted in support of this claim satisfied all of the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $2,757.50 (Two Thousand Seven Hundred Fifty Seven Dollars And Fifty Cents) be awarded James Zumer, Jr. as a victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

The Court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $2,757.50. However, payment of the said award has been delayed due to an omission in the law concerning payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the Court on its own motion orders herewith an immediate partial payment up to the limit which this Court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the Court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that balance of the award due the claimant in the sum of $1,757.51 be referred forthwith to the General Assembly for its approval.


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    (No. 75-CV-4
    Luella M. Leu, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 14, 1975.

      Amended opinion filed January 27, 1975.

    John Lusaic, Attorney for Claimant.
    William J. Scott, Attorney General; Leonard Cahnmann, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arose out of a criminal aggravated battery on June 2, 1975, at 614 West Kemper, Chicago, Illinois. Luella M. Leu of 614 West Kemper, Chicago, Illinois, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, (hereafter referred to as the "Act”) Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matter set forth in the application. Based upon the documents and other evidence submitted before the Court, the Court finds as follows:

1. That the claimant was a victim of a violent crime covered under Ill. Rev. Stat., 1973, Ch. 70, Sec. 72, to wit:

"Aggravated Battery, Ill. Rev. Stat., 1973, Ch. 38, Sec. 12-4.”

2. That said crime occurred at approximately 12:10 a.m. on June 2, 1974 at 614 West Kemper Street, Chicago, Illinois, at which time claimant suffered a beating administered by three assailants and suffered injuries therefrom. A detailed summary of the facts and information considered by the Court is contained in an investigative report prepared by the Attorney General. A copy of said report remains in the Court’s file in this matter, and the facts as reported therein are incorporated in this opinion by reference.

3. That the crime was promptly reported to the Chicago Police Department, and claimant has cooperated fully with law enforcement officials. That two of the assailants have been identified as Dr. Ronald Gilbert and Glenn Hammerland. That they have been arrested, charged, and are awaiting trial. That the third assailant has not been identified.

4. That there was no evidence that claimant was a relative or member of the same household of the assailants.

5. That injury to the claimant was not attributable to either her wrongful act or substantial provocation on her part.

6. That claimant has suffered damages in excess of $200 compensable under Sec. 4 of the Act, to wit:

A. Hospital Expenses..............................$ 261.50
B. Doctor Expenses ...............................$ 278.50
TOTAL MEDICAL EXPENSES ................$ 540.00

7. That claimant was unable to work for the three month period from June 2, 1974, to September 2, 1974, as a result of her injuries; that she sustained loss of earnings during this period in the amount of $4,295.83, based on her earnings during the six months period prior to the incident. That this loss is greater than the statutory maximum of $500 per month for loss of earnings payable under the Act.

STATUTORY MAXIMUM 3 MONTH LOSS OF EARNINGS .................................$1,500.00
TOTAL EXPENSES AND LOSS .OF EARNINGS .........$2,040.00

8. That there is no evidence that claimant has received any compensation from, local, state or federal funds, insurance of any kind, or from any other source.

9. Pursuant to Sec. 77(d) of the Act, the Court must deduct the first $200 of expenses

expenses........................................... —$200.00
TOTAL .........................................$1,840.00

10. That the proof submitted in support of this claim satisfies all the requirements of this Act, and the claim is therefore compensable thereunder.

It Is Hereby Ordered that the sum of $1,840.00 (One Thousand Eight Hundred and Forty Dollars) be awarded Luella M. Leu, as an innocent victim of a violent crime.

AMENDED OPINION and SUPPLEMENTARY ORDER

This Court has previously filed its opinion in the above matter awarding compensation to the claimant in the total sum of — $1,840.00. However, payment of the said award has been delayed due to an omission in the law concerning certain payment procedures which the General Assembly will remedy as expeditiously as possible.

To expedite a payment of part of the compensation to which the above named claimant is entitled, the Court on its own motion orders herewith an immediate partial payment up to the limit which this Court is legally authorized to order paid in such claims from the Court of Claims Fund.

Accordingly, the Court hereby supplements and amends the opinion and order previously filed in this claim by adding the following further order:

It Is Further Ordered that the sum of $999.99 (Nine Hundred Ninety-nine Dollars and ninety-nine cents) be paid to the claimant immediately from the Court of Claims Fund as a partial payment on the total amount of this award, and that the balance of the award due the claimant in the sum of $840.01 be referred forthwith to the General Assembly for its approval.


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    (No. 75-CV-12
    Paula Christine Simpson, on behalf of Donald E. Simpson, Deceased, Claimant, vs. State of Illinois, Respondent.

      Opinion filed January 30, 1975.

    Paula Christine Simpson, Claimant, pro se.

      William J. Scott, Attorney General; Howard W. Feldman, Assistant Attorney General, for Respondent.
   Per Curiam.

This claim arises out of a criminal offense that occurred on April 4, 1974, at 307 Court Street, Tazewell County, Pekin, Illinois. Paula Christine Simpson, wife of the victim, seeks payment of compensation pursuant to the provisions of the "Crime Victims Compensation Act,” Ill.Rev.Stat, 1973, Ch. 70, §71, et seq. (hereafter referred to as "the Act’).

This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report of the Attorney General of the State of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds:

1. That the claimant’s deceased husband, Donald E. Simpson, age 28, was a victim of a violent crime, as defined in §2(c) of the Act, to wit:

"Murder”, (Ill.Rev.Stat., 1973, ch. 38, §9-1).

2. That on April 4, 1974, claimant’s husband was beaten severely by three men after leaving Lindy’s Tavern at 307 Court Street in Pekin. Prior to the beating, Donald Simpson had been sitting peaceably at Lindy’s Tavern.

3. That statements, taken by the police investigators shortly after the crime was committed, present no evidence of any provocation by the decedent for the attack upon him by three other patrons of Lindy’s Tavern.

4. That the victim died on April 10, 1974, as a result of the injuries he received in the beating of April 4, 1974. A further and more detailed summary of the facts and information considered by the Court is contained in the Investigatory Report prepared by the Attorney General. A copy of said report is retained in the court’s file in this matter, and the facts as reported therein are incorporated in this opinion by reference.

5. That the three assailants, William Ray Justice, Tom Cross and Robert E. Hilst, were indicted in Tazewell County on charges of murder.

6. That the victim and his assailants were not related nor sharing the same household.

7. That the criminal offense was promptly reported to law enforcement officials, and claimant has fully cooperated with their requests for assistance.

8. That the claimant seeks compensation under the Act for loss of support to herself and her three children, Donjell Simpson, age 5; Donald Simpson, age 3; and Paulette Simpson, infant.

9. That at the time of Donald Simpson’s death, he was 28 years old and had a life expectancy of age 71 according to actuarial tables. Therefore, we must conclude that the decedent’s family lost his financial support for the remainder of his normal life expectancy, computed to be 43 years.

10. That the victim’s average monthly earnings for the 6 months immediately preceding his death were $525, but earnings of only $500 per month can be considered as the basis for determining loss of support, pursuant to the following provision in §4 of the Act:

. . loss of support shall foe determined on the basis of the victim’s average monthly earnings for the 6 months immediately preceding the date of the injury or on $500 per month, whichever is less.”

11. That, based on the victim’s normal life expectancy of 43 years, and taking $500 per month as his average earnings, the loss of support to his family is computed to be an amount far in excess of the $10,000 maximum amount that can be awarded as compensation under the Act for any loss resulting from a violent crime.

12. That, in addition to loss of support, the claimant incurred medical, hospital and funeral expenses for the victim which were partially covered by insurance benefits, and the gross amount of the pecuniary loss for these items as computed before deductions and setoffs as is follows:

1) Hospital .....................................$3,089.50
2) Medical...................................... 122.00
3) Funeral...................................... 2,061.00
$5,272.50

13. That, in determining the amount of compensation to which an applicant is entitled, §7(d) of the Act states that this court—

"(d) shall deduct $200 plus the amount of benefits, payments or awards, payable under the 'Workmen’s Compensation Act,’ or from local governmental, State or Federal funds or from any other source, [except annuities, pension plans, Federal social security benefits and the net proceeds of the first ($25,000) Twenty-five Thousand Dollars of life insurance that would inure to the benefit of the applicant. . .]”.

We interpret the above provision to mean that the benefits received by the victim’s family as a result of his death, and deduction of $200, shall be deducted from the total loss sustained and not from the $10,000 maximum amount payable under the Act. On this point we are adopting a recent opinion of the Massachusetts Supreme Court on the same point arising under the provisions of an Act identical to ours in all material respects: Gurley v. Commonwealth (1973) 296 N.E.2d 477.

14. That, in the claim before us, the benefits received by the claimant from other sources which must be deducted from her loss, as contemplated by §7(d) of the Act, were shown to be in the total sum of $3,089.50. This amount, plus the statutory deduction of $200, having been deducted from the gross amount of loss as calculated in ¶11 and 12, leaves the amount of the actual loss sustained by the claimant and her children far in excess of the $10,000 maximum amount that can be awarded under the Act for any loss resulting from a violent crime. Hence, the claimant and her children are entitled to an award in the maximum amount payable under the Act, $10,000.

The Court takes notice of the fact that the three minor children of the deceased victim, who are named in |8 of this opinion, were also dependent on Donald E. Simpson as was his surviving spouse, Paula Christine Simpson, the claimant, and the mother of decedent’s said three minor children, who are all under age five.

Under these circumstances the Court is required to interpret and comply with the following language of the Act found in §8(b):

"(b) If the Court of Claims finds, in the case of an application made by a person dependent for [her] support on a deceased victim, that persons other than the applicant were also dependent on that victim for their support, it [the Court] shall also (1) name those persons in its order; (2) state the percentage share of the total compensation award and the dollar amount to which each is entitled, and (3) order that those amounts be paid to those persons directly or, in the case of a minor or incompetent, to his [her] guardian or conservator, as the case may be.”

To comply strictly with the above legislative directive, it would seem appropriate and reasonable to order the distribution of the $10,000 award in accordance with the rule of distribution stated in §11(1) of the Probate Act. This rule would allow one-third [$3,333.33] to the victim’s surviving spouse, and the remaining two-thirds [$6,666.66] divided equally among the victim’s three minor children. This would create three separate estates in the amount of $2,222.22 each for Donjell Simpson, age 5; Donald Simpson, age 3; and Paulette Simpson, age 1.

However, to make distribution in this manner, we believe would impose an undue hardship on the mother. If the $10,000 award were paid to her in a lump sum, she would be holding $6,666.66 in trust for her three minor children. Although she is guardian of their person, she would have no power to administer their estates nor use their funds unless she is duly appointed guardian of each minor’s estate as provided by law. Perry v. Carmichael (1880) 95 Ill. 519. After such appointment, she would be required to manage her children’s funds frugally under the direction of the appointing court and present periodic accounts of her guardianship of such Court. She would also be responsible for Court costs and any legal expenses required in filing her petition for appointment, oath, surety bond, and accounts.

To obviate the necessity of the claimant being appointed guardian of her children’s estates, and considering all other facts in this case, the Court believes that the best interest of the victim’s family would be served by our ordering that this award be disbursed to the claimant in periodic monthly payments as authorized in §8(a)(4) of the Act. As the natural guardian of her three minor children, the mother has a legal obligation to provide for their suitable support and education. In fulfilling this obligation, we believe she would necessarily be required to expend the proper amount from each monthly payment received hereunder for the care and nurture of all three of her children as well as for her own necessities.

It Is Hereby Ordered that the total sum of $10,000 be awarded to the claimant and her three minor children, collectively, as persons who were all dependent for their support on Donald E. Simpson, the deceased victim of a violent crime.

It Is Further Ordered that the aforesaid award be paid to the claimant, Paula Christine Simpson, in twenty (20) equal monthly installments of $500 each. The Court directs that said monthly payments shall be made from the Court of Claims Fund insofar as it is legally possible to do so.