Judge says it's too late for restitution in case

WINNEMUCCA - Prosecutors asked for over $12,000 in restitution in Sixth Judicial District Court last week after the defendant in the case, Steven Wayne Wilson, was sentenced to probation on May 24 for attempted battery with substantial bodily harm.

Wilson was arrested on Oct. 8, 2012, after Winnemucca Police officers responded to a report of a male adult with a gunshot wound to the chest at Humboldt General Hospital. The victim reported that he had been shot by the suspect with a pistol after leaving a local bar, according to a WPD news release at the time.

According to the news release, the victim said that he and Wilson left the bar, got into Wilson's vehicle and began to argue. He said Wilson then picked up a semi-automatic pistol and began waving it around. The victim turned in the passenger seat when Wilson, he believes, accidentally fired the pistol, striking the victim in the upper left chest area. His injuries were not life threatening, according to WPD.

WPD officers were able to identify Wilson through video surveillance footage and located him at his residence where he was arrested.

Wilson pleaded guilty in January and was sentenced in May to a minimum of 12 months and a maximum of 36 months in the Nevada Department of Corrections, with credit for 47 days. His sentence was suspended, and he was placed on probation for 48 months.

Chief Deputy District Attorney Kevin Pasquale told the court last Tuesday that a message had been left with the victim in regard to restitution prior to sentencing; however, no response was received until after that date.

He said that total amount of restitution, at just over $12,000, was associated with four bills for medical treatment.

But Judge Michael Montero said it was too late for restitution, because it can only be sought at the time of sentencing and not later.

Pasquale said officials with the Division of Parole and Probation tried to contact the victim via a telephone number the DA's office provided, but they were unsuccessful and did not have an address on file.

Pasquale said that another route that can be taken at this point is to pursue the restitution through a civil case, and he hopes that the victim chooses to do that.

"It will certainly be my advice," he said.









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