Assault victim angry over slow restitution

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by Janet Roach

WVEC.com

Posted on August 10, 2012 at 9:39 AM

Updated Friday, Aug 10 at 9:41 AM

Elizabeth City, NC--90-year-old Wilma Dail was the victim of a brutal crime. Three years ago in March, late one night, two intruders broke into her home and beat her up.

"They beat me in here, choked me. They just kept hitting me on my eye, my face, my nose, my teeth. They say my eye was hanging out of the socket," recalls Dail.

She's had plastic surgery to install titanium plates in her battered face.

Today, Dail still feels like a victim, not by her attackers but by the justice system.  

Mario Leary and Cameron Tyrone Swain were convicted and are in prison. Dail's own housekeeper, Patricia Stokley, pleaded guilty to conspiracy for hatching the plan along with her daughter, Giovanna Jordan.  The two ladies were ordered to pay $900 a month, combined, in restitution to Dail.

Dail says the payments haven't been consistent and she feels they should be punished.

"Ain't served a day in jail. That daughter either. They planned it," says Dail.

Ray Griggs, the Judicial District Manager for seven eastern North Carolina counties, says his probation officer has worked hard to get Dail the restitution she deserves.

Last November, Stokley and Jordan were taken back to court for non-payment.  All total, they've paid $4,965.   He says his office has the option to put the women in jail for up to 30 days if they stop paying.

Just last week, one of them spent a day in jail.

"At this point, I don't know what else we can do," admits Griggs. 

What really makes Dail angry was the check she received from the clerk of court for $62.05.  It was restitution for the $3,000 car her attackers bought with her stolen money.

A court order required the sheriff's department to sell the car. It went for $750, but the sheriff took out fees for advertising the sale and to fix a broken window.

Sheriff Randy Cartwright says he felt sorry for Dail because she was getting so little money, so he waived administrative and storage fees.  Otherwise, he says, Dail would not have received anything.

According to state law, no taxpayer money can be used for fees. 

The victim sometimes becomes a victim again, but also you can look at it another way. They may have just blown the money and not even had a car to get any of her money back," says Cartwright.

He adds that good detective work helped police figure out how some of the money was spent so that they could seek restitution.

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