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Court defers medical‑bill restitution but says $500 deductible owed; vehicle restitution for Nov. 4 collision to hinge on impound records
Summary
At a restitution hearing in State v. Ezekiel Neely, Bexar County court said a $500 deductible should be paid but held off on ordering $8,262 in medical restitution pending disclosure and defense review; the court also said the vehicle’s $8,900 value may be awarded if prosecutors cannot show the owner removed the car from the impound lot.
Bexar County Criminal Court heard sworn testimony Thursday about property and medical damages from a Nov. 4, 2023, collision during a restitution hearing in State of Texas v. Ezekiel Neely (2024 CR 3316).
After testimony from witnesses and review of an explanation of benefits, the court agreed that a $500 insurance deductible should be paid to the injured motorist but deferred a decision on $8,262 in medical bills so defense counsel can review supporting documents. The court also said it would consider a restitution claim of $8,900 for the totaled vehicle if the State could not show the owner had removed the car from impound.
Witness Gabriel Guayana Cervantes testified about repairs to a white Dodge Challenger and said the repair cost was “a little bit under $8,000.” Another witness, James Kirkland Tarter, testified the insurer reimbursed him $7,822.78 for vehicle damage; the court and parties agreed that Tarter had been paid and that his deductible of $500 remained out of pocket.
The State called Arnulfo (Arnulfo) Pineda, who testified he owned a black 2015 Kia Soul involved in the same November collision and said the car had been effectively totaled; Pineda estimated a fair‑market value of about $8,900. The prosecutor told the court it could obtain impound‑lot records showing whether Pineda removed the vehicle; the judge ordered the State to provide evidence about impound removal and said that if records show the owner never reclaimed the vehicle from impound, the court would grant restitution of $8,900 for the vehicle.
Defense counsel objected to entering the $8,262 medical amount without documents; the judge agreed the defense needed time to review the explanation of benefits and other records before ruling. “I don’t feel comfortable, or legally, that I should give him the $8,262 in restitution until defense counsel has had an opportunity to review those documents,” the judge said.
The court said the parties had already stipulated to $500 for the deductible and that issue would be resolved. The judge set a follow‑up date for further review and directed the State to obtain the impound log and provide defense counsel with medical documentation in advance of the next date.
Ending: The court ordered immediate restitution of the $500 deductible but postponed ruling on the $8,262 medical bills pending production and review of supporting records; additionally, the judge said restitution of $8,900 for the vehicle will be entered if prosecution records show the owner did not remove the car from impound. The matter was reset for further proceedings on February 6.
