Restitution payments rekindle sad memories for some families

The state of Iowa requires offenders who cause a death to pay $150,000 to victims’ families, but most feel there is no dollar amount appropriate to account for a life.

The restitution payments are sent out quarterly to the families, usually in small amounts at a time. Some of them dread these because they’re just another painful reminder their daughter, son, sister, brother or parent was violently taken away from them.

Cheryl Farrington, mother of Andrea Farrington, 20, who was fatally shot by Alexander Kozak, then 23 of North Liberty, inside the Coral Ridge Mall on June 12, 2015, in Coralville, said those restitution checks “bother” her.

“It’s ridiculous to get those,” Farrington, who recently moved to Montezuma from Georgia, said. “It’s kind of insulting. It’s usually $12 or $24 at a time. I’m furious he makes (any money).”

She sometimes wants to know what Kozak’s days are like — does he get to be out of his cell or have a job in prison?

“I didn’t even remember (restitution) being part of his sentence,” Farrington said. “I was just relieved he was found guilty (of first-degree murder) and will be in prison for the rest of his life (without the possibility of parole).”

She doesn’t regard the $150,000 restitution as healing for her.

Reggie Williams, father of Latasha “Tasha” Roundtree, 19, who was fatally shot by Tajh Ross, then 20, on Sept. 22, 2012, in Cedar Rapids, looks at it differently. Not that any money amount could bring back the “most important person in my life,” but he believes it’s important for the families to receive some restitution.

Williams, of Cedar Rapids, said it may help some families knowing the person who took their child has that additional penalty. He said he accepts the checks much better than hearing Ross’ empty words of being “sorry” that he told Williams at his sentencing.

“I didn’t want to hear that,” Williams said. “I’m never going to see my daughter again and all he could say was ‘I’m sorry.’ I’ve got nothing to say to him.”

Jenny Gutierrez, of Cedar Rapids, said every time she receives a check it hits her that her kids are gone. Gutierrez’s two daughters, Selena Apodaca, 16, and Bella Severson, 13, were killed.

Another daughter, Elysia Severson, then 14, was seriously injured and remains partially paralyzed on her right side from a car crash on Nov. 3, 2016, near Robins. Her youngest daughter, Mia, then 4, also in the car, had a brain bleed and was hospitalized for a week.

“I think about them every day anyway,” said Gutierrez, becoming emotional. “It won’t matter if it’s 20 years, I will still be grieving. This (getting a check) is just a reminder of it. Recently it’s made me mad. He can be with his kids.”

The driver, Keith Furne, who was texting while driving just before the crash, served only two years of a 10-year sentence for two counts of homicide by vehicle and one count of reckless driving resulting in serious injury. He received early parole in 2021.

Gutierrez said she realizes her situation is different because Furne is out of prison and can afford to pay more. She is grateful that he’s working because she knows many who owe restitution remain in prison or can’t pay much.

Court records show Furne, now 42, was paying $100 a month, which was set by the court after his conviction in 2018. So Gutierrez called Linn County Attorney Nick Maybanks in June to see if that payment could be modified, since Furne is out of prison and working. Before a hearing was set, Furne offered to pay $500 a month and judge set those payments to start in July.

Furne, before he was convicted, worked for the city of Cedar Rapids as the Tuma Complex coordinator, but he hasn’t worked there since June 2018, according to the city’s Human Resources department.

Maybanks said he thought Furne was currently employed but he didn’t know where.

Maybanks said his office will follow up when victims contact them to let them know someone isn’t regularly paying or payments need to be modified. A judge ultimately would determine the payment plan.

“The loss can’t be put in financial terms but we will do whatever it takes to make our victims financially whole,” Maybanks said.

Most realize they likely won’t receive the full amount under he law. The majority of these offenders are in prison for life, and earn little in prison jobs, Maybanks noted. He isn’t aware of anybody ever paying the entire amount, at least not in Linn County.

Payment plans

The Iowa Department of Corrections didn’t respond to questions last week regarding how much inmates make per hour on prison jobs.

According to information on the department’s website, inmates working in Iowa prisons can make $3 to $15 a day, depending on the type of position. An ACLU prison labor report from 2022 showed Iowa prisons pay 28 to 95 cents an hours.

When an inmate enters prison, the Corrections Department sets up a payment plan for restitution under Iowa law 910.3B, and for other costs the inmate is required to pay.

This restitution law was enacted in 1997, but The Gazette was unsuccessful in finding any information about how legislators decided on the $150,000 amount.

The Iowa Attorney General’s Office also did some research, but couldn’t find the origins of the law. Appellate attorneys in the office thought it came about when Congress and state legislatures were passing laws to make sure “crime doesn’t pay.”

The payment plans require 20 percent of an inmate’s prison account, which includes any money deposited from a prison job and sent by family members, will be taken out each month for restitution, according to the Corrections Department.

The victim restitution must be paid first before a separate category of “costs,” which includes court and public defender fees and reimbursement to the jury/witness fund, jury fees, indigent defense, sheriff fees for jail stays, court reporter services, county attorney exhibits and materials used at trial.

The money is then sent quarterly to the clerk of court where the crime occurred. The court then sends out the checks to the victims’ designated heirs.

Victims going forward

Farrington said she initially gave the restitution money to her other daughter, Cassie, when she was younger. Now she just deposits the checks and doesn’t give it much thought. She didn’t know how much Kozak has paid. It’s not important to her.

Her grieving goes in “waves” and she tries to avoid daily news coverage. She doesn’t want to hear about the bad things.

“People don’t have any regards for life anymore,” Farrington said.

She knows missing her daughter will never goes away but she’s doing better.

Farrington moved to Georgia to be with her Cassie’s family, including two grandkids, but she had a job opportunity back in Montezuma and decided to return several months ago. She misses her daughter and grandchildren but also has a “whole support system” in Montezuma.

Williams said he has begun to move on. He’s been in therapy, less angry and “can cope with it now,” but he has suffered too much loss. He first lost Tasha’s mother, Angela Roundtree, who was killed in a 2006 car crash, and then his granddaughter, Ireshia Parks, 13, who was fatally shot in 2016.

“I imagine her (Tasha) being here. She would be 32 (in November),” Williams said. “I talk to her every day. We rent out a park every year on Sept. 23 and celebrate her.”

Gutierrez said some days are harder than others. One of her happy times was getting married in 2021. She worries about Mia, now 11, and Elysia, now 22, who still is struggling without Selena and Bella. But they talk about them all the time and keep sharing memories.

Elysia still is partially paralyzed on her right side and her brain injury makes it difficult to memorize things. She is now attending Kirkwood Community College.

Gutierrez said losing a child is the worst possible thing for a parent to go through.

“But don’t give up. Try again tomorrow. Make a new start and live life to the fullest because you don’t know what might happen.”

Restitution paid

This list shows restitution paid by those convicted of high-profile crimes in Eastern Iowa. Records do not indicate whether the inmates have jobs in prison or if the money is coming from family members or other resources.

Johnathan L. Memmer, 49, convicted in 2001 of two counts of first-degree murder of Maria Lehner and Laura Watson-Dalton in Johnson County District Court. He has paid $151,711 of $448,423 in restitution.

David Keegan, 36, convicted in 2002 of first-degree murder and second-degree robbery of Greg Wells in Linn County District Court. He has paid $29,596 of $150,000. He also owes $2,881 in other costs.

Michelle Kehoe, 51, convicted in 2009 of first-degree murder of her 2-year-old son, Seth, and attempted murder of her 7-year-old son, Sean, in Buchanan County District Court. She has paid $7,079 of $150,000 restitution.

Tonch Weldon, 52, convicted in 2011 of first-degree murder of Amy Gephart, 35, in Iowa County District Court. He has paid $159,810 of $303,347, which includes the $150,000 and money owed to the state’s crime victim assistance program.

Denise Frei, 58, convicted in 2011 of first-degree murder of Curtis Bailey in Iowa County District Court. She has paid jointly with two co-defendants $111,185 of $150,000.

Jacob Hilgendorf, 34, convicted in 2011 of first-degree murder of Curtis Bailey in Iowa County District Court. He has paid jointly with two co-defendants $111,185 of $150,000.

Jessica Dayton, 34, convicted in 2011 of first-degree murder of Curtis Bailey in Iowa County District Court. She had paid jointly with two co-defendants $111,185.

Tajh Ross, 30, convicted in 2014 in Linn County District Court, has paid $7,823 of $150,000 restitution and has paid $7,500 of $13,114 in other costs.

Alexander Kozak, 31, convicted in 2016 in Johnson County District Court, has paid $2,338 of the $150,000 restitution. He also owes $25,621 in additional costs.

Travis Standlee, 52, convicted in 2016 in Linn County District Court of the second-degree murder of Sharon Mead and the second-degree murder of Raymond Ursino in Linn County District Court. He has paid $2,981 of $300,000 restitution for two victims. He also owes $28,614 in other costs.

Keith Furne, 42, convicted in 2018 in Linn County District Court, has paid $14,772 of $300,000 restitution for death of two victims. He also owes $19,327 in other costs.

Jerry Burns, 70, convicted in 2020 in Linn County District Court of first-degree murder of Michelle Martinko in 1979. He doesn’t owe restitution because the restitution law wasn’t enacted until 1997. He has paid $3,125 of $17,541 owed in other costs.

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