La Plata, MD – Sometimes justice comes up short.
Mary McKenna of Charlotte Hall was in Charles County Circuit Court Monday, Nov. 16 seeking an adjustment in the amount of restitution defendant James Edward Randles III, 31 of Hughesville, owes her family after he was sentenced to 15 years in the Maryland Department of Corrections Sept. 28 for thefts he committed in 2013 and earlier this year.
The McKennas were one of several families affected when Randles broke into their homes and stole heirloom jewelry and other items to help fuel an Oxycodone habit.
Charles County Circuit Court Judge Amy J. Bragunier said her hands were bound by the law.
Charles County Assistant State’s Attorney Sarah Freeman told the court that the insurance company came back to the McKennas with an estimate of losses greater than the amount Randles was ordered to pay.
“The victims are here present,” Freeman explained. “The court required restitution but the state feels the court should have all of the documents provided by the victims.”
She noted that the victims received an estimate of $22,160.08, which is different than the $18,787.98 the court is ordering Randles to repay.
“That figure was provided prior to the plea,” Freeman said. “Unfortunately, that was the figure the state had at the time of the plea. The state had no knowledge of what the insurance company paid out. The total of the loss is incorrect. Instead of $18,787.98, it should be $22,160.08. The state is asking the court to correct the restitution amount.”
Charles County Public Defender Michael Beach told the court the defendant shouldn’t have to pay for someone else’s inability to cipher.
“He got and received the plea agreement,” Beach argued. “The fact that someone made a mistake, while unfortunate, should not have a bearing on the terms he received at sentencing. The sentence has happened. Restitution is part of that sentence, and the plea agreement is the $18,000 figure. You can’t come back after the sentence and say the figure was wrong. He agreed to pay $18,000. Any redress from what the insurance company failed to pay can go to civil court.”
“It is a legal argument,” Freeman said.
“It’s a legal argument only,” Bragunier responded.
“We never had a breaking and entering in our home before,” McKenna told the court. “We didn’t know what the procedures were. With no guidance, we didn’t know. We were not part of the plea agreement. We knew nothing until after the case was closed.”
“There’s nothing I can do,” Bragunier told her.
“It’s a violation of victim’s rights,” McKenna said. “It’s wrong to continue to take advantage of a victim.”
“I am legally bound to the agreement,” the judge said. “This was an agreed-upon contract. For me to do anything different, I just can’t do it. This is simply a matter of law.”
Contact Joseph Norris at joe.norris@thebaynet.com