County Superior Court
Plaintiff: Chad Mitchell, pro se
Defendant: Amy L. Crane, Esq. Kara DiPaola, Esq.
matter is before the Court for decision on the appeal of
Petitioner Chad Mitchell (Petitioner or Mitchell) of the
February 6, 2017 decision of the Crime Victim's
Compensation Program (CVCP), which denied the application of
Petitioner for an injury alleged to have occurred in Newport,
Rhode Island on July 19, 2015. Petitioner contends that he
satisfied the requirements for receiving compensation, and
CVCP erred in finding that he failed to do so. Jurisdiction
is pursuant to G.L. 1956 §§ 42-35-15 and
alleges that on July 19, 2015 he was assaulted by a person
unknown to him, sustaining a fracture to his front tooth.
(Recons. Decision 1). Petitioner filed his application on
December 30, 2016, and the CVCP denied his application on
January 3, 2017. Petitioner filed a request for
reconsideration on January 19, 2017. Id. In his
request for reconsideration, Petitioner asserted that
immediately following the incident in which he was injured,
he reported the incident to a patrolman of the Newport Police
Department, who allegedly told him, "there is nothing I
could do." Id. Petitioner further asserted that
he was never advised to file a report with the Newport Police
Department, and that the patrolman did not write any record
of his statements. Id.
the application of Petitioner, the CVCP, following its usual
procedure, sent inquiry to the Newport Police Department
(NPD), requesting any information it had regarding the July
19, 2015 incident in which Petitioner was injured.
Id. at 2. The NPD responded that it had no record of
the incident. Id. The CVCP therefore, on January 3,
2017, "denied the application on the basis that the
Applicant failed to report the crime to law enforcement
within 10 days." Id. The CVCP wrote to the
Applicant informing him that there was a possibility of a new
decision if "the CVCP receives the necessary information
about the incident in the future." Id. at 2-3.
Applicant submitted a Request for Reconsideration to the CVCP
on January 18, 2017. Id. at 3. In that Request for
Reconsideration, the Applicant stated that he reported the
incident to a patrolman of the NPD immediately following the
incident in which he was injured, and the patrolman
apparently told him, "there is nothing I can do."
Id. The Applicant also asserted that the patrolman
did not advise him to file a report with the NPD, and he did
not write any description of the incident. Petitioner also
asserted that on January 20, 2016, the NPD asked him to
e-mail a description of the incident, and "they asked
for anyone with information to call Newport Police which I
Office of the General Treasurer (Treasurer or Respondent)
noted in its Reconsideration Decision that "the NPD
reported that it cannot locate any report on file regarding
the alleged incident[, ]" and noted further that
"the CVCP has no documentation showing the Applicant
reported the crime to law enforcement[.]" Id.
The Respondent thus concluded, in its Reconsideration
Decision of February 6, 2017, "the Applicant is
ineligible for compensation." Id.
Treasurer noted that the CVCP does provide for "an
exception to the ten-day deadline when the Administrator
finds good cause for delay." Id. However, the
Treasurer found that "the Applicant has not provided any
information to the CVCP showing circumstances that would
amount to good cause for the failure to report the
crime." Id. The Treasurer thus upheld the
decision of the CVCP. Id.
filed the Complaint in the within matter on March 9, 2017,
and he filed an Amended Complaint on March 31, 2017.
Respondent filed an Answer on April 19, 2017. Petitioner
filed a brief in support of his Complaint on August 21, 2017,
and Respondent filed a memorandum in opposition on September