RCW 9.94A.753(5) requires a court to order restitution when a defendant is convicted of a Washington criminal offense that results in injury or damage to or loss of property, unless there are “extraordinary circumstances.” The state must prove the damages by a preponderance of the evidence. Restitution cannot include intangible losses like mental anguish or pain and suffering. The restitution cannot be more than double the amount of the defendant’s gain or the victim’s loss. RCW 9.94A.753(3)(a). A defendant recently challenged a restitution order, arguing the state had not sufficiently proven he had caused the damages.
According to the unpublished opinion of the appeals court, the pleaded guilty to a single count of vehicle prowl and three counts of possession of a stolen vehicle. He agreed to pay restitution for in an amount to be determined for two of the charged crimes and three uncharged crimes, including possession of a pick-up truck.
In addition to damages to the truck for which the defendant was charged, the state requested $12,605.84 for damage to the uncharged truck. The state argued the defendant was responsible for all of the damage to the uncharged truck because he was “the person that caused the victim to lose possession of the vehicle. . .” and asked the trial court to find that the defendant was responsible for all of the damages associated with the vehicle.