In re Tyrell A.

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Petitioner was involved in a fist-fight with another high school student, Dylan P., who suffered a broken nose and damaged sinuses. Pursuant to a plea agreement, Petitioner admitted involvement in the alleged affray. The juvenile court determined that Petitioner committed the offense of affray and placed him on probation. The circuit court subsequently amended Petitioner’s probation to require Petitioner to pay partial restitution for the medical offenses incurred by Dylan P. for treatment of his injuries suffered during the affray. The intermediate appellate court affirmed the order of restitution. The Court of Appeals reversed, holding (1) trial courts are not statutorily authorized to order restitution in favor of a person who is a voluntary and willing participant in the crime or delinquent activity that caused his or her injury; and (2) because Dylan P. fought willingly with Petitioner, the circuit court erroneously required Petitioner to pay restitution to Dylan P. View "In re Tyrell A." on Justia Law