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In re Harmon9/17/2004
ORDER OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a July 7, 2002 incident. The applicant indicated that she was injured after her neighbor, Theresa Beard, intentionally set off fireworks near her horse startling the animal and causing it to bolt. On February 5, 2004, the Attorney General denied the applicant's claim pursuant to R.C. 2743.52(A) contending that the applicant failed to prove she qualified as a victim of criminally injurious conduct. On February 24, 2004, the applicant filed a request for reconsideration. On April 6, 2004, the Attorney General denied the claim once again. On May 3, 2004, the applicant filed a notice of appeal to the Attorney General's April 6, 2004 Final Decision asserting that her neighbor was charged with criminal damaging and possession of fireworks and that she has, as a result of the incident, sustained close to $50,000.00 in damages. On June 17, 2004, the Attorney General filed a Brief contending that Mrs. Beard's conduct did not rise to the level of criminally injurious conduct. The Attorney General assented that Mrs. Beard harbored no intent to harm the applicant and that prosecutors refused to file assault charges against her. Hence, this matter came to be heard before this panel of three commissioners on July 21, 2004 at 10:10 A.M.
{ } The applicant (without the assistant of retained counsel) and an Assistant Attorney General attended the hearing and presented testimony, exhibits, and brief comments for the panel's consideration. Colleen Harmon testified that she and her husband, since purchasing the property in 2000, have experienced numerous, ongoing, and unfriendly incidents with the Beards' family (some of which involved the police). Mrs. Harmon explained that on July 7, 2002 she and her husband were attempting to take a buggy ride when Mrs. Beard deliberately threw three sets of fireworks near their horse, which caused the horse to startle and bolt. The applicant stated that just prior to their departure, she had overheard someone say "Here they come." Mrs. Harmon stated that as a result of Mrs. Beard's intentional act, she now suffers from neck problems, anxiety, stuttering, and post traumatic stress disorder. Ms. Harmon testified that prior to the July 7, 2002 incident she worked as a registered nurse, but now receives Social Security Disability since she is unable to work in light of the injuries she sustained.
{ } Daniel J. Harmon, the applicant's husband, also testified concerning the events of July 7, 2002. Mr. Harmon's testimony corroborated the applicant's version of what transpired the day in question.
{ } Thomas Champine, a Lucas County special deputy and friend of the Harmon family, briefly testified concerning his observance of Mr. Beard's unfriendly and peculiar behavior toward the Harmons.
{ } The Assistant Attorney General continued to maintain that the claim must be denied because the applicant failed to prove she was a victim of criminally injurious conduct. The Assistant Attorney General argued that Mrs. Beard, based on the police report, demonstrated no intent to harm the applicant or her horse, but was merely playing with the fireworks for entertainment purposes. The Assistant Attorney General stated that Mrs. Beard was never charged with assault, but only with possession of fireworks. The Assistant Attorney General also argued that there was no proximate cause between the incident and the applicant's medical condition, since the applicant was diagnosed with degenerate neck disease prior to July 7, 2002.
{ } R.C. 2743.51(C)(1) states in pertinent part:
{ } (C) "Crimi
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