State v. Tribblet
State v. Tribblet
Opinion of the Court
A crime victim is precluded from receipt of benefits under RCW 7.68.070(7) only if he or she was not employed at the time of the crime and was not employed for three of the twelve months immediately preceding the
After shooting Terry Henderson with a handgun, James Tribblet entered an Alford
At a subsequent hearing, Tribblet contested the $15,000 restitution order, contending that the benefits paid by L&I were not causally related to the crime. The court rejected Tribblet’s arguments and refused to reconsider the amount of the restitution order.
Tribblet appeals.
Tribblet contends that the amount of restitution ordered by the court was improper. We disagree.
The trial court has considerable discretion in ordering a criminal defendant to pay restitution to the victim, but the restitution must have a causal connection with the crime charged.
The benefits established in RCW 51.32.090 for temporary total disability shall be the benefits obtainable under this chapter, and provisions relating to payment contained in that section apply under this chapter: PROVIDED, That no person is eligible for temporary total disability benefits under this chapter if such person was not gainfully employed at the time of the criminal act, and was not so employed for at least three consecutive months of the twelve months immediately preceding the criminal aci.[8 ]
Tribblet’s argument concerning the statute focuses on the italicized language above. Specifically, Tribblet contends that Henderson was not entitled to benefits under this statute because he was not employed'at the time of the crime. Tribblet reads the statute to preclude receipt of benefits unless the crime victim was employed at the time of the crime and had been employed for at least three out of the twelve months preceding the crime. The State contends that the statute provides only that a crime victim is ineligible to receive the benefits if he or she was not employed at the time of the crime and had not been so employed for three of the past twelve months.
In interpreting statutes, we strive to give effect to the intent and purpose of the Legislature.
Here, the plain language of the statute supports the State’s interpretation. That language sets forth the requirements for being ineligible to receive benefits. It clearly states that a crime victim is not eligible for disability benefits if he or she is (1) not employed at the time of the crime and (2) not employed for three of the twelve months immediately preceding the crime. Only when both criteria apply is a crime victim ineligible for benefits. Tribblet urges us to conclude that a crime victim becomes ineligible under this section when only one criterion applies. But the plain language of the statute—in particular the conjunctive “and”—precludes this interpretation.
Here, Henderson was not employed at the time of the crime, but he was employed for three of the twelve months preceding the crime. Thus, he was entitled to benefits under RCW 7.68.070(7). The trial court properly ordered Tribblet to pay restitution to L&I for the disability benefits it paid Henderson.
Department of Labor & Industries v. Denny
The trial court did not abuse its discretion. We affirm the order of restitution.
Coleman and Appelwick, JJ., concur.
Review denied at 139 Wn.2d 1017 (2000).
North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 2d 162 (1970).
RCW 7.68.
State v. Bunner, 86 Wn. App. 158, 160, 936 P.2d 419 (1997).
State v. Hennings, 129 Wn.2d 512, 519, 919 P.2d 580 (1996).
State v. Duback, 77 Wn. App. 330, 891 P.2d 40 (1995).
See State v. Jeffries, 42 Wn. App. 142, 145, 709 P.2d 819 (1985), review denied, 105 Wn.2d 1013 (1986); RCW 7.68.120.
RCW 9.944.142(1).
(Emphasis added.)
State v. Chester, 133 Wn.2d 15, 21, 940 P.2d 1374 (1997).
State v. Fjermestad, 114 Wn.2d 828, 835, 791 P.2d 897 (1990).
93 Wn. App. 547, 969 P.2d 525 (1999).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.