The South Dakota Supreme Court has reversed a restitution order against a Pennington County teenager, ruling he is not financially responsible for damage caused by another juvenile. The decision, released Thursday, found that Circuit Judge Stacy Wickre erred in ordering the payment.
The case involved three teens. One boy, identified as D.B., kicked down the door of a vacant trailer near Black Hawk and ignited a firework inside, causing extensive damage. D.B. agreed to pay over $9,000 in restitution and had his charges dismissed.
The teen who appealed, J.W., pleaded guilty to lying to police after the incident and received four months’ probation. Judge Wickre initially ordered J.W. and a third boy to pay nearly $25,000 in damages. However, Supreme Court Justice Patricia DeVaney wrote that J.W.’s deception occurred after the damage was done and wasn’t directly linked to the act that caused it.
Because the harm didn’t result from J.W.’s actions, the Court concluded he cannot be held liable for restitution.
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