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Court sets partial restitution in collision case; medical-billing itemization left open
Summary
In the case involving Ezekiel Neely, the court ordered approximately $7,600 in restitution for a sold vehicle and left a medical-bill restitution claim open pending an itemized statement from the injured party.
The 187th District Court addressed restitution issues in State v. Ezekiel Neely on Tuesday, resolving the motor-vehicle restitution claim and leaving a separate medical-bill restitution item open for later resolution.
The court reviewed paperwork showing a vehicle had been sold at auction for approximately $1,352 and that the complainant valued the vehicle at a Kelly Blue Book (KBB) estimate of $8,900. After deducting sale proceeds and auction/impound fees, the court set restitution for the vehicle loss at $7,600 and the defense did not object to that figure on the record.
Separately, the injured party James Tarter submitted an explanation-of-benefits showing medical charges totaling $8,282 related to treatment on Nov. 4, 2023. During the hearing the injured party said an itemized bill had not yet been provided but that he could obtain one. The court left the medical-bill portion of restitution open and instructed the injured party to provide an itemized statement to the state and defense; the court said it would recall the matter in 60 days and would entertain earlier filings if the paperwork arrived sooner.
The court explained that the itemized bill is necessary so defense counsel and the court can confirm which charges are directly tied to the collision and to ensure any restitution order does not include unrelated medical costs. The court scheduled a follow-up setting for April 7 and told the injured party he could appear by Zoom if needed.
