North Dakota v. Bruce

Aaron Bruce appealed a district court's amended criminal judgment awarding restitution. In December 2015, the State charged Bruce with unlawful manufacturing, delivering, or possession with intent to deliver heroin; manslaughter; tampering in a criminal investigation; ingestion of a controlled substance; and theft of property. The charges arose from an incident in July 2015. In March 2017, pursuant to an agreement, the State amended the manslaughter charge to negligent homicide, and dismissed three of the charges. Bruce pled guilty to negligent homicide and manufacturing, delivering, or possession with intent to deliver heroin. The State requested $6,165 for funeral expenses for Aidan Vanderhoef, the victim of the negligent homicide charge, $500 for a cell phone that was allegedly stolen from Vanderhoef, and $492.20 for his father's transportation costs to and from the court proceedings. The court ordered Bruce to pay restitution in the amount of $7,157.20. Bruce argues the district court abused its discretion in ordering restitution for funeral expenses, a cell phone, and transportation costs to and from the court proceedings for Vanderhoef's father. Bruce also argues the district court abused its discretion when ordering restitution without considering his ability to pay. Finding no reversible error, the North Dakota Supreme Court affirmed the restitution award. View "North Dakota v. Bruce" on Justia Law