IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA


IN THE MATTER OF:


Scott Graves, Jr.


(CV-01-84)


O R D E R




Claimant appeared in person and by counsel, Sarah Hall.

Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.



GRITT, JUDGE:
An application of the claimant, Scott Graves, Jr., for an award under the West Virginia Crime Victims Compensation Act, was filed March 13, 2001. The report of the Claim Investigator, filed January 11, 2002, recommended that no award be granted, to which the claimant filed a response in disagreement. An Order was issued on February 12, 2002, upholding the Investigator's recommendation and denying the claim, in response to which the claimant's request for hearing was filed March 7, 2002. This matter came on for hearing November 7, 2002, claimant appearing in person and by counsel, Sarah Hall, and the State of West Virginia by counsel, Joy M. Bolling, Assistant Attorney General.
On December 25, 1999, the claimant's 47-year-old mother, Frances M. Graves, was shot and killed by the offender, Tony Woody, who then fatally shot himself. No award was granted because there was no showing of economic loss.
At the hearing, the claimant testified that at the time of his mother's death, he was a graduate student at Marshall University, living in Charleston. (Transcript, page 6.) He stated that his mother, who was living in McDowell County, provided financial support in the form of rent, car payments, insurance, and utilities. (Transcript, page 8.) After his mother's death, the claimant completed his Master's Degree and then enrolled at the University of Kentucky. He entered the Ph.D. program in Psychology. (Transcript, pages 9-10.)
Upon questioning by the Court, the claimant confirmed that he received the proceeds of his mother's life insurance policy, which totaled $120,000.00. (Transcript, page 16.) The Court adopted the initial findings of the Claim Investigator, and added that the claimant was indeed a dependent of his mother at the time of her death. (Transcript, page 16.) The Claim Investigator was then directed to calculate the economic loss sustained by the claimant from the date of his mother's death in 1999 through June 30, 2005.
Pursuant to the Court's request, the Claim Investigator submitted a memorandum dated February 6, 2003, finding the claimant's out-of-pocket losses to be $26,996.60. Therefore, an award in that sum is hereby granted pursuant to said memorandum.

ENTER: ____________________________________________

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JUDGE