RICHMOND, Va. (CN) — The Supreme Court of Virginia issued an opinion stemming from a brutal attack Wednesday, finding medical assistance services footing the bill for indigent victim's medical bills are entitled to restitution.
According to court documents, Larry Puckett knew Justin Hawks for around ten years before he came to stay at Hawks' residence for a few days in October 2019. Eventually, Hawks found Puckett to be an unpleasant guest and requested that he leave his property.
Puckett returned several times that day and acted in a belligerent manner, threatening to cut people's heads off, according to Hawks. After attempting to get Puckett off the property all day, things turned violent at night. Puckett attacked Hawks outside of his residence, throwing multiple punches and hitting Hawks with a drill bag. Hawks, around 30 years younger than Puckett, pushed Puckett, causing him to fall to the ground and finally begin retreating from the property.
Hawks followed Puckett with a flashlight to ensure he was leaving. Hawks saw Puckett lurking in the bushes on the side of the road, causing the men to argue again before walking away from each other in opposite directions. After a few moments passed, Puckett ran toward Hawks and jumped on his back.
In an attempt to diffuse the situation, Hawks told Puckett he would not fight him, to which Puckett responded that he had intentions of killing, not fighting. Puckett stabbed Hawks multiple times in the chest and arms in what the trial court labeled a vicious attack. Hawks wrestled Puckett to the ground, punched him in the jaw, and ran to the closest house where, as he waited for help, he heard Puckett screaming: "You're a dead motherfucker. I killed you."
Hawks suffered a fractured sternum and required emergency medical care, including insertion of a chest tube and surgery to repair the lacerations of the right internal mammary artery and vein. The life-threatening injuries caused Hawks to spend nearly a week in the hospital, where he did not have the financial ability to pay for his medical care. Hawks owed only $22,000 because of his Medicaid status, and the Virginia Department of Medical Assistance Services paid.
Puckett recounted the evening differently, instead telling the trial court Hawks attacked him from behind by striking him in the head with an object. Puckett claimed he was able to grab his knife from his pocket and poke Hawks with it three times before Hawks could strike another blow. Puckett claimed he remained down on one knee throughout the stabbing. He testified that because he was on one knee, had prior heart problems and was about thirty years older than Hawks, he feared for his life when he retrieved his knife and stabbed Hawks.
The Patrick County Circuit Court disagreed and found that Puckett's series of blows aimed at the heart and lungs was excessive for someone claiming to be acting in self-defense. The trial court convicted Puckett — who admitted to having six or seven prior felony convictions — of malicious wounding and sentenced him to twenty years in prison with eight years suspended, five years of probation, and to pay $22,691.01 in restitution to the Virginia Department of Medical Assistance Services.
Puckett successfully appealed his restitution order to the state court of appeals, asserting that the Virginia Department of Medical Assistance Services was not a victim in the case and thus was not entitled to restitution.
Virginia's restitution statute requires anyone convicted of a crime to make at least partial restitution for property damage or loss caused by the crime or for any medical expenses incurred by the victim due to the crime.
"The restitution order below did not award the actual victim of Puckett's malicious wounding any restitution," appellate Judge Frank K. Friedman wrote in an unpublished 2022 opinion. "Our holding in this setting is narrow. As written, Code § 19.2-305.1(B) does not authorize payments to DMAS for medical expenses as a victim under the circumstances present."
Virginia's Supreme Court interpreted the provision as only requiring that the victim incur the expenses rather than demanding the assailant pay only the victim for restitution.
"A medical expense is 'incurred' by a victim when he either pays it or incurs an express or implied obligation to pay it," Justice Arthur Kelsey wrote in an 11-page published opinion, "an incurred medical expense does not become unincurred simply because a medical provider waives its right to seek full payment from an indigent individual in hopes of recovering partial payment from a solvent entity, such as a private or public insurer."
Once released, Puckett must pay off the $22,000 in $50 a month increments. Puckett will be in his 80s if he serves his complete sentence.
The court's decision was unanimous, with only Senior Justice Charles S. Russell sitting out due to his participation in the hearing and decision of this case before his inauguration as a Justice. Attorneys representing Puckett and the state did not respond to requests for comment.
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