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In re Harmon9/17/2004
nally injurious conduct" means one of the following:
(1) For the purposes of any person described in division (A)(1) of this section, any conduct that occurs or is attempted in this state; poses a substantial threat of personal injury or death; and is punishable by fine, imprisonment, or death, or would be so punishable but for the fact that the person engaging in the conduct lacked capacity to commit the crime under the laws of this state.
{ } From review of the file and with full and careful consideration given to all the information presented at the hearing, this panel makes the following determination. We find that the applicant qualifies as a victim of criminally injurious conduct. Mrs. Beard was arrested and charged with criminal damaging and possession of fireworks in Bowling Green Municipal Court (02 CRB 02182 A & B). Mrs. Beard's conduct posed a substantial threat of personal harm to the applicant, which is punishable by fine, death or imprisonment (as noted by the criminal charges). Based upon the testimony presented, we find that Mrs. Beard deliberately threw the fireworks near the applicant's horse and that as a result of the incident the applicant sustained injury . Mrs. Harmon testified that she suffered injury to her neck, stutters, experiences high anxiety, and has been diagnosed with post traumatic stress disorder, all of which is evidenced in the file. Based on the above findings, we therefore find that the April 6, 2004 decision of the Attorney General shall be reversed and the claim shall be remanded to the Attorney General for economic loss calculations and decision.
IT IS THEREFORE ORDERED THAT
1) The April 6, 2004 decision of the Attorney General is REVERSED to render judgment in favor of the applicant;
2) This claim is remanded to the Attorney General for economic loss calculations and decision;
3) This order is entered without prejudice to the applicant's right to file a supplemental compensation application, within five years of this order, pursuant to R.C. 2743.68;
4) Costs are assumed by the court of claims victims of crime fund.
KARL H. SCHNEIDER Commissioner
CLARK B. WEAVER, SR. Commissioner
THOMAS H. BAINBRIDGE Commissioner
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