{
  "id": 5504122,
  "name": "In re Application of Ted S. Charlton",
  "name_abbreviation": "In re Charlton",
  "decision_date": "1993-12-03",
  "docket_number": "No. 89-CV-0812",
  "first_page": "587",
  "last_page": "591",
  "citations": [
    {
      "type": "official",
      "cite": "46 Ill. Ct. Cl. 587"
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  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "45 Ill. Ct. Cl. 520",
      "category": "reporters:state",
      "reporter": "Ill. Ct. Cl.",
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        5493217
      ],
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  "last_updated": "2023-07-14T21:02:05.793271+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "In re Application of Ted S. Charlton"
    ],
    "opinions": [
      {
        "text": "OPINION\nFrederick, J.\nThis claim arises out of an incident that occurred on April 30, 1988. Claimant, Ted S. Charlton, father of the deceased victim, Angela Charlton, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the \u201cAct.\u201d Ill. Rev. Stat. (1987), ch. 70, par. 71, et seq.\nThe Court file reflects that on February 14, 1989, a \u201cNotice of Intent to File a Claim\u201d was filed herein on behalf of applicant, Ted S. Charlton, arising from the death of alleged victim, Angela Charlton, on April 30, 1988.\nThe notice reflected that Angela Charlton was killed by a shotgun blast at close range. It was alleged that the assailant was loading a shotgun in preparation for the return of individuals with whom the assailant had had an argument during a drinking party.\nThe investigatory report of the Attorney Generals Office noticed that the offender, James Renfro, was apprehended, prosecuted and convicted of involuntary manslaughter and reckless conduct. The investigatory report concluded that involuntary manslaughter was not one of the violent crimes specifically set forth under section 2(c) of the Act, and that therefore, the Claimant had not met a required condition precedent for compensation under the Act.\nThis Court followed the recommendation of the investigatory report and ruled that the Claimant had not met a required condition precedent for compensation under the Act and denied the claim on March 5,1990.\nA review of this Court\u2019s decision was sought by Claimant, Ted S. Charlton. At the hearing conducted by Commissioner Rath, the facts in evidence mirrored those facts set forth in the investigatory report of the Attorney General and in this Court\u2019s prior order. However, since the entry of the order denying the claim, this Court in In re Application of Catherine Smith (1992), 45 Ill. Ct. Cl. 520 (unreported opinion entered on October 30,1992, 90 CV 977), held that circumstances similar to those extant in the case at bar \u201cmet the criteria for reckless conduct\u201d which was found to be a crime specifically included in the Crime Victims Compensation Act.\nIn the case at bar, the assailant was convicted of both involuntary manslaughter and reckless conduct arising from the death of Angela M. Charlton on April 30,1988.\nWe therefore find:\n(1) That on April 30, 1988, the victim was accidentally shot by an offender who was known to her. The incident occurred in an apartment located at 515 S. Pearl, Salem, Illinois. Police investigation revealed that prior to the incident, the offender was assembling the components of a shotgun, when the weapon discharged and struck the victim in the chest. The Marion County Coroners Office ruled the death of the victim to be an accident. The offender was apprehended, prosecuted and convicted of involuntary manslaughter and reckless conduct.\n(2) That reckless conduct is one of the violent crimes specifically set forth under Section 2(c) of the Act.\n(3) That the Claimant has met the required conditions precedent for compensation under the Act.\n(4) That the burial expenses of Angela Charlton were in the sum of $4,478.62. These expenses were paid in full by Angelas parents.\n(5) That the Claimant seeks only the funeral expenses incurred by the family in the sum of $4,478.62 paid by Claimant, Ted Charlton, to the Rogers-Atkins Funeral Home in Salem, Illinois.\n(6) That no loss of support is claimed. The victim was not employed during the six months prior to the injury.\n(7) That no civil suit was filed or intended against the assailant or any third party arising from the death of Angela Charlton.\n(8) That section 2(h) of the Act states that a maximum of $3,000 may be awarded, in the case of death, for funeral and burial expenses.\nIt is therefore ordered that Claimant, Ted S. Charlton, is awarded the sum of $3,000 for funeral expenses for the deceased victim pursuant to the Illinois Crime Victims Compensation Act.",
        "type": "majority",
        "author": "Frederick, J."
      }
    ],
    "attorneys": [
      "Ted S. Charlton, pro se, for Claimant.",
      "Neil F. Hartigan and Roland W. Burris, Attorneys General (James Maher, Assistant Attorney General, of counsel), for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 89-CV-0812\nIn re Application of Ted S. Charlton\nOrder filed March 5, 1990.\nOpinion filed December 3, 1993.\nTed S. Charlton, pro se, for Claimant.\nNeil F. Hartigan and Roland W. Burris, Attorneys General (James Maher, Assistant Attorney General, of counsel), for Respondent."
  },
  "file_name": "0587-01",
  "first_page_order": 723,
  "last_page_order": 727
}