Avael III will begin paying restitution
Julio Avael III will be required to begin paying restitution for his crimes when he gets out of prison Jan. 1.
Avael, 20, appeared before District Judge Michael Gibbons Dec. 15 regarding restitution payments for the series of burglaries in the Winhaven and Autumn Hills neighborhoods during April and July 1996.
Avael was convicted along with Dane Nosenzo, 18, and Nikolas Neubauer, 20. Neubauer, who admitted to being a “lookout,” was given probation, which he violated the next day by possessing marijuana. Nosenzo, who was 17 at the time, went to the China Spring Youth Camp and has been out several months, paying the restitution they are required to pay.
The hearing occurred because Nosenzo has paid $5,625, more than half of the $9,726 restitution all three “jointly and severally” owe. Gibbons had made the ruling that way, in order to ensure the victims received restitution even if one of the offenders was not able to pay. Since Nosenzo is the only one currently not incarcerated, he is the only one making payments.
In a letter to the court, Nosenzo’s father asked that Avael be ordered to pay the remainder of the restitution and be made to pay Nosenzo for the amount over half he has already paid.
Tod Young, Avael’s attorney, said that Avael would begin paying restitution upon his release but said, based on the statute, Avael did not owe Nosenzo any money.
“I don’t think you can order Mr. Avael to pay Mr. Nosenzo back anything,” Young said.
Nosenzo’s attorney, Pat Walsh, appeared in court to say it was unfair that Nosenzo has been obeying the court but will be “punished” by paying more than Avael in the end.
“(Nosenzo) is going to be punished because he did the right thing,” Walsh said.
Gibbons ruled that Avael must pay the remainder of the restitution. Nosenzo is to pay only if Avael does not, which would be a violation of his parole, resulting in a return to prison. Gibbons said Nosenzo would not be reimbursed, because of the existing ruling making the men pay the restitution jointly and severally.
Gibbons said he did not feel sympathy for Nosenzo’s plight because the teen-ager had willingly participated in the series of burglaries and must face the consequences.
Avael will be on parole for 18 months, in which time he must pay the remaining $4,101. 59 owed to the victims.
“I can tell you I assume, and I have good reason to assume, that Mr. Avael is going to do the right thing and pay what he’s said he’s going to pay,” Young said.
Avael said he intends to move to Florida upon his release, where he has job opportunities waiting for him. His father Julio Avael, who was formerly Douglas County manager, is city manager in Key West.
“I wish you the best with starting your life over again in Florida,” Gibbons told Avael at the end of the hearing. “I hope you’ve learned something.”