PORT ANGELES — Lauryn Last, who pleaded guilty to second-degree manslaughter in the Dec. 31, 2008, death of her newborn son, Thomas, has been ordered by Clallam County Superior Court Judge Ken Williams to pay $7,414 for the infant’s funeral and burial expenses.
Last, 19, must reimburse the state Crime Victim’s Compensation Fund, which paid for the services, Williams ruled last week.
Thomas was buried in a Port Angeles cemetery shortly after his remains were found in a garbage container at a Tacoma landfill, Clallam County Deputy Prosecuting Attorney John Troberg said Monday.
“Basically, the taxpayers paid the burial and funeral expenses,” Troberg said. “I think it was an absolutely correct decision.”
Lawyer John Hayden, representing Last, said at an April 20 court hearing that it was not “fair” or “just” for Last to pay that amount and that she had gone through “an unspeakably difficult phase of her life.”
Last was impregnated at 15 by a man now serving time for the assault in Colorado.
Making her pay restitution “would be completely piling it on,” Hayden said.
Williams said in his ruling that the law requires him to order restitution and that the direction is not “discretionary.”
“The issue is whether or not the damages were, in fact, incurred, and if so was it reasonably foreseeable that, ‘but for’ the act of the defendant, those costs would not have been incurred,” Williams said in his ruling.
“While the adult sentencing act contemplates punitive sanctions as its primary goal, the Juvenile Justice Act, to the contrary, contemplates restorative and rehabilitative justice as its essential component,” Williams said.
“Under the Juvenile Justice Act, restitution is imposed as part of the rehabilitative process in allowing an offender to confront consequences of the behavior which led to the conviction.”
The bulk of the funeral and burial expenses was $3,545 for a headstone, Williams said.
During the next 18 months, Last must make minimum payments of $25 a month.
After 18 months, the payments increase to a minimum of $50 a month until the restitution is fully paid.
She will be more than 30 years old if she makes minimum payments throughout the restitution payment schedule.
Last pleaded guilty to second-degree manslaughter Jan. 25 in county Juvenile Court under an Alford plea, under which a defendant does not admit guilt but concedes that there is enough evidence for a conviction.
Williams sentenced her to 30 days, but she received credit for time already served and did not spend more time incarcerated.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at paul.gottlieb@peninsuladailynews.com.
