KENNETTA NEWMAN DIXON v. STATE OF ILLINOIS (2008)

OPINION

This claim arises out of an incident that was discovered on March 4, 2008. Kennetta Newman-Dixon, sister of the deceased victim, Mary A. Dunbar, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act, 740 ILCS 45/1, et seq (2000).

This Court has carefully considered the application for benefits submitted on Wednesday, March 12, 2008, on the form prescribed by the Illinois Attorney General, and an investigatory report of the Illinois Attorney General which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Illinois Attorney General's Office, the Court finds:

1. That on Monday, July 14, 1997, the victim, Mary A. Dunbar, age 25, was reported as a missing person by her family. On September 22, 1999, skeletal remains were discovered in Pembroke Township. Because the identity of the remains was unknown, in 2001, DNA was submitted for analysis. On February 29, 2008, the claimant and other family members were notified that the remains were determined to be those of Mary A. Dunbar. On March 5, 2008, a Medical Examiner's - Coroner's Certificate of Death was issued stating that the remains found on September 22, 1999 were those of Mary A. Dunbar. The death certificate further stated that the immediate cause of death was a gunshot wound to the head and classified the death as a homicide.

2. That pursuant to §6 1(a) of the Act, a person is entitled to compensation under the Act if within 2 years of the occurrence of the crime, or within one year after a criminal indictment of a person for an offense, upon which the claim is based, he files an application, under oath, with the Court of Claims and on a form prescribed in accordance with Section 7 1 furnished by the Attorney General.

3. That available evidence indicates that the victim was most likely killed sometime in 1997. However, a death certificate linking the remains to the victim was not issued until March 5, 2008. In In re Application of Carol McLuckie, 52 Ill. Ct. Cl. 669 (1999), the Court of Claims applied the judicially created “discovery rule” to the requirement that a claim be timely filed. The Court stated that “the discovery rule as developed by common law requires both knowledge of the injury and its wrongful cause before the statute of limitations begins to run”. The Court noted that the discovery rule could apply where “the plaintiff had provided a well articulated explanation of why it was impossible to discover her injury sooner”.

4. That the victim could not be identified until analysis of DNA was completed on the skeletal remains. During the time period when the skeletal remains were found and the victim was identified, the claimant was in contact with the Kankakee Police Department to see if the remains were determined to be those of her sister, Mary A. Dunbar. The claimant could not have known prior to notification by the police department and the coroner whether or not the remains were those of her sister. Therefore, the claimant has met the requirements of §6 1(a) of the Act by applying within two years of the issuance of the coroner's certificate of death.

5. That the crime occurred in Illinois, and all of the eligibility requirements of §6 1 of the Act have been met.

6. That the claimant seeks compensation for funeral/burial expenses.

7. That pursuant to §10 1(c) of the Act, any person may be compensated for reasonable funeral expenses of the victim to the extent to which he or she has paid or become obligated to pay such expenses.

8. That the claimant incurred funeral/burial expenses in the amount of $2,603.06, none of which has been paid to date.

9. That the claimant has received no reimbursements that can be counted as an applicable deduction under §10.1(e) of the Act.

10. That the claimant's net loss can be determined on the following:

11. That pursuant to §18(c) of the Act, the Court may order that all or a portion of an award be paid solely and directly to the provider of services. In the instant case, the Court finds this section applicable and orders that direct payment be made.

IT IS HEREBY ORDERED that the sum of $2,603.06 (TWO THOUSAND SIX HUNDRED THREE DOLLARS AND SIX CENTS) be and is hereby awarded to Jones funeral Home for the funeral/burial expenses incurred by Kennetta Newman-Dixon, sister of Mary A. Dunbar, an innocent victim of a violent crime.

Storino, J.