BEND, Ore. (AP) — A Bend man who lit an illegal firework on July 4, 2018, and ignited a fire on Pilot Butte is disputing more than $73,000 in restitution to pay for damage to the state park.
Alan Stout pleaded guilty in August 2018 to reckless burning and illegal use of a firework, The Bulletin reported.
He was sentenced in Deschutes County Circuit Court to 90 days in jail and ordered to pay $30,860 in restitution. The amount was to cover firefighting, replacing damaged park equipment, replanting vegetation and fixing Pacific Power wires and poles.
After a 90-day window to request restitution, Brandi Shroyer, a Deschutes County deputy district attorney, on behalf of Oregon State Parks, asked for an additional $73,608 for the damages not covered by insurance, including replacing park fencing.
In April, Stout successfully appealed the request.
The Oregon Department of Justice determined the court should not have allowed the request. There was no good reason the additional restitution was submitted by the prosecution after the 90-day timeframe, the state department of justice concluded.
Despite both parties accepting the successful appeal, Shroyer is continuing to seek the additional restitution.
Shroyer argues in court documents that the prosecution has a right in the Oregon Constitution to still request the restitution.
“In addition to the Oregon statutes which support victims being compensated for their economic damages, the victim has a constitutional right to full restitution,” Shroyer wrote.
The fire that Stout sparked burned about 10 acres, caused U.S. Highway 20 to close, prompted evacuations of nearby apartments and shut down power.
Flames scorched dozens of junipers, an exercise area and informational kiosk at the east-side trailhead.