Utah Supreme Court: codefendants each liable for full restitution for damages they proximately caused

SALT LAKE CITY — The Utah Supreme Court on Sept. 25 affirmed a district court order requiring two codefendants to be held jointly and severally liable for $10,061.32 in restitution to Walmart, holding that the Crime Victims Restitution Act requires each defendant to pay the “entire amount of pecuniary damages that are proximately caused to each victim by the criminal conduct of the defendant.” (Utah Code § 77-38b-205(1)(a)(ii)).

The ruling resolves whether sentencing courts may apportion restitution among criminal codefendants using comparative-fault principles. Justice Petersen, writing for a unanimous court (Chief Justice Durrant and Justices Pearce, Hagen and Pohlman joined), said the Act’s plain language and recent statutory changes require joint and several liability when multiple defendants proximately cause the same losses.

Background: William Bisset Debrok pleaded guilty to two third-degree…