Shooting victim can’t get court ordered restitution

A taxi driver from Biscayne Village whose eye was shot out by a neighbour in 2004 says he is still trying to collect restitution ordered by the Supreme Court. Laurencio Smith told News Five that in April, Alpheus Gillette was convicted of attempted murder. Instead of being given prison time, Justice Troadio Gonzalez ordered that he pay a ten thousand dollar fine to the court immediately, and an additional fifteen thousand to Smith, due by June thirtieth. That deadline came and went, but Smith says when he went to the court registry to find out where his money was, he was told the court’s ten thousand had been paid immediately as ordered, but Gillette had only paid one hundred dollars towards his fifteen thousand. Smith says he has been back and forth to the registry trying to find out the status of his case, but was told something different each time he entered the office. He says on the first visit they told him the Registrar’s office could do nothing since Gillette had demonstrated an intention to pay by putting down the blue note. A month later when nothing additional was forthcoming, he was told that a warrant would be issued for Gillette’s arrest. When that did not happen, he was then advised to see the judge, who promptly sent him back to the Registry saying they would tell him what to do. Now two and a half months after the deadline for payment, Smith wants some cash and accountability, from both Gillette and the Registry.

Laurencio Smith, Seeking Restitution
“I believe they are not doing a professional job, they are dragging their feet. And I think this has a lot to do with the crime rate in our country and if we are really serious about crime, then this is where we are supposed to start and this is where we need to take action.”

Karla Heusner
“So how would being able to collect the money due you assist in your living?”

Laurencio Smith
“Well, that’s just a drop in the bucket, but at least it will go a long way in meeting my bills, the expenses. I was down from October twentieth 04; I spent nine days in the hospital. I spend like nine months in recovery, that would definitely fill a bit loophole in my expenses pending right now.”

“My position right now, I am trying to find out who is in charge at the Registry Department, because nobody seems to know what is happening. And I want to know, did the guy get an extension, when will he be paying or what is the situation? And I just can’t get anywhere.”

News Five spoke with Assistant Registrar General, Ray Usher, who told us he had explained to Laurencio Smith that he needs to hire an attorney as the Registry cannot enforce payments to victims ordered by the court. This afternoon Smith told News Five that he was never told this by anyone, including Mr. Usher, on any of his trips to the Registry, and he simply does not have the resources to hire a lawyer. He says while he is barely able to work, the man who tried to kill him now has a full-time job.