In re Dora Mae Tatum and Schljntha Lindsey — 35 Ill. Ct. Cl. 1031

In re APPLICATION OF DORA MAE TATUM AND SCHLJNTHA LINDSEY.

Case summary

The claimants sought compensation under the Crime Victims Compensation Act for the murder of Frederick Saulter. The court awarded the maximum $15,000, with a portion to be paid in installments for the benefit of the victim's minor child, after deducting applicable benefits.

Claim type: Crime Victim Compensation

Statutes cited: Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.; Ill. Rev. Stat. 1979, ch. 70, par. 72(c); Ill. Rev. Stat. 1979, ch. 38, par. 9-1; Ill. Rev. Stat. 1979, ch. 70, par. 80.1(e); Ill. Rev. Stat. 1979, ch. 70, par. 77.1(a)(7); Ill. Rev. Stat. 1979, ch. 70, par. 10.1(f); Ill. Rev. Stat. 1979, ch. 70, par. 81.1

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

NEIL F. HARTIGAN, Attorney General (FAITH S. SALS- BURG,Assistant Attorney General, of counsel), for Re- CRIME VICTIMSC o M P E N s A n o N Am-murder victim-moximum aword-

F. JOHN CUSHING 11, for Claimants. NEIL F. HARTIGAN, Attorney General (FAITH S. SALSBURG,Assistant Attorney General, of counsel), for Respondent. CRIME VICTIMSC o MPEN s A n o N Am-murder victim-moximum awordinstallments. Maximum award was granted to mother and child of murder victim where evidence established that victim was killed when he confronted individuals who were attempting to steal victim’s television set, mother incurred funeral expenses, and victim had minor child dependent on him for support, and child’s best interest required that portion of award applicable to child be paid in installments. This claim arises out of an incident that occurred on August 15, 1981. Dora Mae Tatum and Schlintha Lindsey, mother of the deceased victim and mother of the victim’s minor child, seek compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court has carefully considered the application for benefits submitted on November 17, 1981, on the form prescribed by the Court, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That Frederick Saulter, age 34, was a victim of a violent crime as defined in section Z(c) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 72(c)), to wit: murder. Ill. Rev. Stat. 1979, ch. 38, par. 9-1. 2. That on August 15, 1981, the victim was stabbed by three offenders, who were neighbors of the victim. The incident occurred on the street at 5139 South Carpenter, Chicago, Illinois. The incident occurred when the victim confronted the three offenders in the alley behind his apartment building, in the process of stealing the victim’s television set. One of the offenders then attacked and stabbed the victim several times, and all three offenders fled the scene. The victim was pronounced dead at Englewood Hospital. 3. That the Claimant, Dora Mae Tatum, seeks compensation for funeral expenses only. She was not dependent upon the victim for support. 4. That the Claimant, Dora Mae Tatum, incurred funeral and burial expenses as a result of the victim’s death in the amount of $1,898.00. 5. That the Claimant, Schlintha Lindsey, seeks compensation for loss of support for the deceased victim’s minor child, Frederica Lindsey, born on February 16, 1982, six months after the death of the victim. 6. That the Claimant, Schlintha Lindsey, has submitted a copy of a Social Security award certificate, which indicates that the child born after the victim’s death, Frederica Lindsey, is entitled to Social Security benefits on the victim’s account. However, this Claimant has not submitted any evidence that the victim was providing support for the Claimant in reasonable expectation that he would support the child. 7. That pursuant to section lO.l(e) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 80.l(e)), this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workmen’s Compensation Act, Dram Shop Act, Federal medicare, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal social security benefits and the net proceeds of the first $25,000.00 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant. 8. That the Claimant, Dora Mae Tatum, has received $255.00 in reimbursements from the Social Security Administration as a result of the victim’s death that can be counted as applicable deductions. 9. That the Claimant, Dora Mae Tatum, has complied with all pertinent provisions of the Act and qualifies for compensation thereunder. 10. That the Claimant, Dora Mae Tatum, is entitled to an award based on the following: Funeral expenses $1,898.00 Less Social Security benefit - 255.00 Less $200.00 deductible - 200.00 Total $1,443.00 11. That the Claimant, Schlintha Lindsey, having not submitted the necessary evidence needed to support her claim for loss of support, has not met a required condition precedent for compensation under the Act. It is hereby ordered that the sum of $1,443.00 (one thousand four hundred forty-three dolIars) be and is hereby awarded to Dora Mae Tatum, mother of Frederick Saulter, an innocent victim of a violent crime. It is further ordered that the claim of Schlintha Lindsey be and is hereby denied. AMENDED OPINION POCH, J. This claim arises out of an incident that occurred on August 15, 1981. Schlintha Lindsey, mother of the deceased victim’s minor child, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq. This Court has carefully considered the application for benefits submitted on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds: 1. That the deceased victim, Frederick Saulter, was a victim of a violent crime as defined in section 2(c) of the Act (Ill. Rev. Stat. 1979,.ch. 70, par. 72(c)), to wit: murder. Ill. Rev. Stat. 1979, ch. 38, par. 9-1. 2. That earlier, this Court awarded Claimant Dora Mae Tatum, mother of the deceased victim, $1,443.00 for funeral expenses. 3. That the Claimant Schlintha Lindsey seeks compensation for loss of support for her minor child, Frederica, age 14 months, born six months after the victim’s death. 4. That subsequent to the initial investigation by the office of the Attorney General, the Claimant has submitted sufficient evidence to demonstrate that the victim, Frederick Saulter, was the father of the minor child, Frederica, born after his death. 5. That further, the Claimant has demonstrated that she was dependent on the victim for support at the time of his death and that had the victim lived, he would have assumed responsibility for the support of their minor child. I 1035 t I 6. That prior to his death, the victim was employed 1 by Zenith Controls, Inc., and his average monthly earn- I ings were $523.39. I 7. That section 2(h) of the Act states “. . . loss of support shall be determined on the basis of the victim’s average net monthly earnings for the six months immediately preceding the date of the injury or on $750.00 per month, whichever is less.” Ill. Rev. Stat. 1979, ch. 70, par. 72(h). 8. That Claimant Schlintha Lindsey’s claim for loss of support is in excess of the $15,000.00 maximum award compensable under the Act. 9. That this claim complied with all pertinent provisions of the Act and qualifies for compensation thereunder. 10. That pursuant to section lO.l(e) of the Act, this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dram Shop Act, Federal medicare, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000.00 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant. 111. Rev. Stat. 1979, ch. 70, par. 80.l(e). 11. That the Claimant Dora Mae Tatum has received $1,443.00 for funeral expenses as a result of the victim’s death that must be deducted from the $15,000.00 award. 12. That after making all the applicable deductions under the Act, the pecuniary loss resulting from the victim’s death is $13,557.00. 13. That the Claimant’s interest would be best served if the award hereunder would be paid pursuant to the installment provision of section 11.1 of the Act. Ill. Rev. Stat. 1979, ch. 70, par. 81.1. It is therefore hereby ordered that the sum of $13,557.00 (thirteen thousand five hundred fifty-seven dollars) be and is hereby awarded to Schlintha Lindsey, on behalf of Frederica Lindsey, daughter of Frederick , Saulter, an innocent victim of a violent crime to be paid and disbursed to her as follows: (a) $3,557.00 (three thousand five hundred fifty-seven dollars) in a lump sum to be paid to Schlintha Lindsey for the use and benefit of her minor child, Frederica Lindsey; (h) Twenty (20) equal monthly payments of $500.00 (five hundred dollars) each to he paid to Schlintha Lindsey for the use and benefit of her minor child, Frederica Lindsey; (c) In the event of the death or marriage of the Claimant o r the Claimant’s child, it is the duty of the personal representative of the Claimant to inform this Court in writing of such death or marriage for the purpose of the possible modification of the award. (N O . 82-CV-0770-Claimant awarded $15,000.00.) Zp re APPLICATION OF AIDANMONAHAN. AIDANMONAHAN, pro se, for Claimant.

In re APPLICATION OF DORA MAE TATUM AND

SCHLJNTHA LINDSEY.

Opinion filed May 28,1982.

Amended opinion filed June 6,1983.

F. JOHN CUSHING

11, for Claimants.

NEIL F. HARTIGAN, Attorney General (FAITH S. SALSBURG,Assistant Attorney General, of counsel), for Respondent.

CRIME VICTIMSC o M P E N s A no N Am-murder victim-moximum awordinstallments. Maximum award was granted to mother and child of murder victim where evidence established that victim was killed when he confronted individuals who were attempting to steal victim’s television set, mother incurred funeral expenses, and victim had minor child dependent on him for support, and child’s best interest required that portion of award applicable to child be paid in installments.

This claim arises out of an incident that occurred on August 15, 1981. Dora Mae Tatum and Schlintha Lindsey, mother of the deceased victim and mother of the victim’s minor child, seek compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.

This Court has carefully considered the application for benefits submitted on November 17, 1981, on the form prescribed by the Court, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds:

1. That Frederick Saulter, age 34, was a victim of a violent crime as defined in section Z(c) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 72(c)), to wit: murder. Ill. Rev. Stat. 1979, ch. 38, par. 9-1.

[*1032] 2. That on August 15, 1981, the victim was stabbed by three offenders, who were neighbors of the victim. The incident occurred on the street at 5139 South Carpenter, Chicago, Illinois. The incident occurred when the victim confronted the three offenders in the alley behind his apartment building, in the process of stealing the victim’s television set. One of the offenders then attacked and stabbed the victim several times, and all three offenders fled the scene. The victim was pronounced dead at Englewood Hospital.

3. That the Claimant, Dora Mae Tatum, seeks compensation for funeral expenses only. She was not dependent upon the victim for support.

4. That the Claimant, Dora Mae Tatum, incurred funeral and burial expenses as a result of the victim’s death in the amount of $1,898.00.

5. That the Claimant, Schlintha Lindsey, seeks compensation for loss of support for the deceased victim’s minor child, Frederica Lindsey, born on February 16, 1982, six months after the death of the victim.

6. That the Claimant, Schlintha Lindsey, has submitted a copy of a Social Security award certificate, which indicates that the child born after the victim’s death, Frederica Lindsey, is entitled to Social Security benefits on the victim’s account. However, this Claimant has not submitted any evidence that the victim was providing support for the Claimant in reasonable expectation that he would support the child.

7. That pursuant to section lO.l(e) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 80.l(e)), this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workmen’s Compensation Act, Dram Shop Act, Federal medi[*1033]care, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal social security benefits and the net proceeds of the first $25,000.00

(twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant.

8. That the Claimant, Dora Mae Tatum, has received $255.00 in reimbursements from the Social Security Administration as a result of the victim’s death that can be counted as applicable deductions.

9. That the Claimant, Dora Mae Tatum, has complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

10. That the Claimant, Dora Mae Tatum, is entitled to an award based on the following:

Funeral expenses $1,898.00

Less Social Security benefit - 255.00

Less $200.00 deductible - 200.00

Total $1,443.00

11. That the Claimant, Schlintha Lindsey, having not submitted the necessary evidence needed to support her claim for loss of support, has not met a required condition precedent for compensation under the Act.

It is hereby ordered that the sum of $1,443.00 (one thousand four hundred forty-three dolIars) be and is hereby awarded to Dora Mae Tatum, mother of Frederick Saulter, an innocent victim of a violent crime.

It is further ordered that the claim of Schlintha Lindsey be and is hereby denied.

AMENDED OPINION

POCH, J.

This claim arises out of an incident that occurred on [*1034] August 15, 1981. Schlintha Lindsey, mother of the deceased victim’s minor child, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.

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

1. That the deceased victim, Frederick Saulter, was a victim of a violent crime as defined in section 2(c) of the Act (Ill. Rev. Stat. 1979,.ch. 70, par. 72(c)), to wit: murder. Ill. Rev. Stat. 1979, ch. 38, par. 9-1.

2. That earlier, this Court awarded Claimant Dora Mae Tatum, mother of the deceased victim, $1,443.00 for funeral expenses.

3. That the Claimant Schlintha Lindsey seeks compensation for loss of support for her minor child, Frederica, age 14 months, born six months after the victim’s death.

4. That subsequent to the initial investigation by the office of the Attorney General, the Claimant has submitted sufficient evidence to demonstrate that the victim, Frederick Saulter, was the father of the minor child, Frederica, born after his death.

5. That further, the Claimant has demonstrated that she was dependent on the victim for support at the time of his death and that had the victim lived, he would have assumed responsibility for the support of their minor child.

[*1035] I

1035 t

I

6. That prior to his death, the victim was employed 1 by Zenith Controls, Inc., and his average monthly earn- I ings were $523.39. I

7. That section 2(h) of the Act states “. . . loss of support shall be determined on the basis of the victim’s average net monthly earnings for the six months immediately preceding the date of the injury or on $750.00 per month, whichever is less.” Ill. Rev. Stat. 1979, ch. 70, par. 72(h).

8. That Claimant Schlintha Lindsey’s claim for loss of support is in excess of the $15,000.00 maximum award compensable under the Act.

9. That this claim complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

10. That pursuant to section lO.l(e) of the Act, this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older) and the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dram Shop Act, Federal medicare, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000.00 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant. 111. Rev. Stat. 1979, ch. 70, par. 80.l(e).

11. That the Claimant Dora Mae Tatum has received $1,443.00 for funeral expenses as a result of the victim’s death that must be deducted from the $15,000.00 award.

12. That after making all the applicable deductions under the Act, the pecuniary loss resulting from the victim’s death is $13,557.00.

[*1036] 13. That the Claimant’s interest would be best served

if the award hereunder would be paid pursuant to the

installment provision of section 11.1 of the Act. Ill. Rev.

Stat. 1979, ch. 70, par. 81.1.

It is therefore hereby ordered that the sum of

$13,557.00 (thirteen thousand five hundred fifty-seven

dollars) be and is hereby awarded to Schlintha Lindsey,

on behalf of Frederica Lindsey, daughter of Frederick , Saulter, an innocent victim of a violent crime to be paid

and disbursed to her as follows:

(a) $3,557.00 (three thousand five hundred fifty-seven dollars) in a lump

sum to be paid to Schlintha Lindsey for the use and benefit of her minor child,

Frederica Lindsey;

(h) Twenty (20) equal monthly payments of $500.00 (five hundred dol

lars) each to he paid to Schlintha Lindsey for the use and benefit of her minor

child, Frederica Lindsey;

Claimant’s child, it is the duty of the personal representative of the Claimant to

inform this Court in writing of such death or marriage for the purpose of the

possible modification of the award.

(N O . 82-CV-0770-Claimant awarded $15,000.00.)

Zp re APPLICATION OF AIDANMONAHAN.

Opinion filed January24,1983.

AIDANMONAHAN, pro se, for Claimant.

NEIL F. HARTIGAN, Attorney General (FAITH S. SALS

BURG, AssistantAttorney General, of counsel), for Re

spondent.

CRIME VIcnMs COMPENSATION Am-murder victim-maximum award

installments. Husband and children of innocent victim of murder were granted

maximum award as loss, after applicable deductions, exceeded maximum [*1037]

1037 I

allowable award, and portion of award applicable to minor children was ordered payable in installments to best serve interests of children.

POCH,J.

This claim arises out of an incident that occurred on September 2, 1981. Aidan Monahan, husband of the deceased victim, Kathleen Monahan, seeks compensation pursuant to the provisions of the Crime Victims Compensation Act, hereafter referred to as the Act. Ill. Rev. Stat. 1979, ch. 70, par. 71 et seq.

This Court has carefully considered the application for benefits submitted on March 2, 1982, on the form prescribed by the Attorney General, and an investigatory report of the Attorney General of Illinois which substantiates matters set forth in the application. Based upon these documents and other evidence submitted to the Court, the Court finds:

1. That the Claimant’s deceased wife, Kathleen Monahan, age 29, was a victim of a violent crime as defined in section 2(c) of the Act (Ill. Rev. Stat. 1979, ch. 70, par. 72(c)), to wit: murder. 111. Rev. Stat. 1979, ch. 38, par. 9-1. . .

2. That on September 2, 1981, the victim was stabbed to death by an unknown offender for no apparent reason. The incident occurred in a parking lot at 4729 North Central, Chicago, Illinois. The victim was taken to Northwest Hospital where she was pronounced dead on arrival.

The offender was apprehended, prosecuted and convicted on the charges of murder, attempted rape and armed violence.

3. That the Claimant seeks compensation for funeral expenses and for loss of support for Joseph Monahan, age 7, born February 22, 1974, and Patrick Monahan, age 6, born January 20,1975.

[*1038] 4. That the Claimant incurred funeral and burial expenses in the amount of $5,287.00. Pursuant to section 2(h) of the Act, funeral and burial expenses are compensable to a maximum award of $2,000.00. Ill. Rev. Stat. 1979, ch. 70, par. 72(h).

5. The Claimant and his children Joseph and Patrick were partially dependent upon the victim for support.

6. That prior to her death, the victim was employed by Monahan Landscaping and her average monthly earnings were in excess of $750.00.

8. That the victim was 29 years of age at the time of the crime. According to the U.S. Department of Health, Education and Welfare, Vital Statistics of the United States, 1978, Life Tables, Vol. 11, her life expectancy would have been 79 years. The projected loss of support for 50 years is in excess of the $15,000.00 which is the maximum amount compensable under section l O . l ( f ) of the Act. Ill. Rev. Stat. 1979, ch. 70, par. 80.l(f).

9. That this claim complied with all pertinent provisions of the Act and qualifies for compensation thereunder.

10. That pursuant to section lO.l(e) of the Act, this Court must deduct $200.00 from all claims (except in the case of an applicant 65 years of age or older), and the amount of benefits, payments or awards payable under the Workers’ Compensation Act, Dram Shop Act, Federal medicare, State public aid, Federal Social Security Administration burial benefits, Veterans Administration burial benefits, health insurance, or from any other source, [*1039] except annuities, pension plans, Federal Social Security payments payable to dependents of the victim and the net proceeds of the first $25,000.00 (twenty-five thousand dollars) of life insurance that would inure to the benefit of the applicant.

11. That the Claimant has received $255.00 from the Social Security Administration as a result of the victim’s death that can be counted as an applicable deduction under section 7.l(a)(7) of the Act. Ill. Rev. Stat. 1979, ch. 70, par. 77.1(a)(7).

12. That after making all the applicable deductions under the Act, the pecuniary loss resulting from the victim’s death is in excess of the $15,000.00 maximum allowed in section l O . l ( f ) of the Act.

13. That the Claimant’s interest would be best served if the award hereunder would be paid pursuant to the installment provision of section 11.1 of the Act. Ill. Rev. Stat. 1979, ch. 70, par. 81.1.

It is therefore, hereby ordered that the sum of $15,000.00 (fifteen thousand dollars) be and is hereby awarded to Aidan Monahan, husband of Kathleen Monahan, an innocent victim of a violent ci-ime to be paid and disbursed to him as follows:

(a) $2,250.00 (two thousand two hundred fifty dollars) to be paid to Aidan Monahan;

(b) Seventeen (17) equal monthly payments of $750.00 (seven hundred fifty dollars) each to be paid to Aidan Monahan for the use and benefit of Joseph Monahan and Patrick Monahan;

(c) In the event of the death or marriage of the Claimant or the Claimant’s children, it is the duty of the personal representative of the Claimant to inform this Court in writing of such death or marriage for the purpose of the possible modification of the award.[*1040]