R.S. v. Commonwealth, 423 S.W.3d 178 (Ky. 2014) -
R.S. was charged with complicity to second degree criminal mischief for
allegedly participating in the vandalism of a car. Though the evidence showed his involvement
was minor, he was ordered to pay full restitution to the victim.
The case was appealed to the Kentucky Supreme Court upheld the
trial court’s verdict. However, in doing
so the Court made several significant changes to juvenile law.
First, the court eliminated the requirement of a motion for
directed verdict in a juvenile adjudication, holding that at the close of the
Commonwealth’s evidence, defense counsel should instead move for dismissal
under CR 41.02(2). The significance of
the difference is that upon making such a motion the juvenile court is required
to “‘weigh and evaluate the evidence,’” rather than “indulge every inference in
the [Commonwealth’s] favor’” as required with a directed verdict.
Second, the court found that in juvenile cases where the
court seeks to order restitution, the court must hold a restitution hearing,
and make findings on the record as to why restitution is in the “best
interests” of the child. Restitution
must be reasonable, balancing the interests of making the victim whole with the
child’s ability to pay. Factors to be
considered include the child’s age, earning ability, employment status, the
ability of parents to pay, and the existence of any legal remedies available to
the victim other than restitution.
Contributed by John Wampler
