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In re Bassett10/28/2005
rseding, intervening act of kicking in the apartment complex door. Thus, any criminally injurious conduct that occurred after the outside door was broken down was not the proximate cause of the applicant's injuries. If criminally injurious conduct was the cause of Officer Bassett's kicking in the apartment complex door, then "every police officer would be eligible for reparations every time he responds to a call or executes a warrant, without regard to the application of traditional proximate cause standards." Id., Hewitt dissent at 5-6.
GREGORY P. BARWELL Commissioner
IT IS THEREFORE ORDERED THAT
1) The February 22, 2005 decision of the Attorney General is REVERSED;
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, under R.C. 2743.68;
4) Costs are assumed by the court of claims victims of crime fund.
JAMES H. HEWITT III Commissioner
RANDI OSTRY LE HOTY Commissioner
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