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Accessory clause

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F

Freakin

Guest
What is the name of your state? Washington State

The mother of a very good friend of mine died in 1975. As most know, the bills from cancer can be quite devastating. His father was so lost without his wife, that he was near suicide . His father did a horrible thing and lit a ware house that he owned on fire, to get the insurance money. I also need you to know that my friend had no idea this fire was anything but accidental. 2 years down the road , My friend got in an argument with another friend of his, and he said to my friend, "I know That your father lit that warehouse on fire and I am going to the police." Well my friend got very scared for his father, and knew that prison would just kill him. So he told his friend that He ( my friend ) lit the fire. Well about another year past and they came and picked up my friend for questioning. During the interregation, they slid a peice of paper in front of him and said that he could go home right now, if he agreed to testify against his father. He looked at the paper and said , I'm damned if I do, And I'm damned if I don't, Lets go to jail.
Now this is the part I need help with. He was tried on the accessory clause and was convicted of lighting the fire. Now I already told you that the police knew that his father lit it yet, they convinced a jury that my friend did it. He went to jail and spent 2 1/2 years in prison.
The money was payed about 6 months after the fire to his father. A very substantual amount of money. My friends father walked up to him a week later and handed him a check for $15000.00, and said this is your inheritance from your mother. Remember my friend still had no idea at that time that his father did it.
They have hit my friend with restitution for money he never got. The interest on this money is so outrageous, that the amount owed now in restitution is about $850,000.00.
My question is, if he goes back to court and can prove that he never recieved any of the money, except the 15 thou. that his dad said was inheritance, ( which he is most willing to pay back, now that he knows where it came from) Can he get out from under this , or is he just stuck. He is not very well off money wise. But he pays his payment each month so they wont lock him up. He gets 30 days in jail everytime he misses a payment. Any advice you can give would be greatly appreciated. :)
 


stephenk

Senior Member
what a nice dad! lets his son go to jail for him to cover his arson.

What I dont understand is your friend admitting to setting the fire just because some guy says he knows the dad did it. Did this other guy present proof to your friend that his dad set the fire? I get the feeling your friend is not being completely truthful with you about what he knew about the fire.

Your friend is going to have to keep his payments current or he goes to jail. Proving that he never received any of the insurance money makes no difference to the court. Your friend could sue his dad for the money the dad got from the insurance company.
 
F

Freakin

Guest
Yes I think that there is more I have not been told . And it is probably that he knew. This is a Dear friend of mine, and I just Think that it was a vrey noble thing for him to do. I have known him for over ten years and he really is a good hearted person. Thank you for the advice
 

stephenk

Senior Member
Noble? When is it noble to go to jail for a guilty person? Has your friend's dad been helping him now that he has to pay $850K in restitution?
 
F

Freakin

Guest
I look at my friend and wonder to myself, would I , could I do the same thing. Could I spend 2 years in jail for my mother. Obviously, he loves his father. No his father does not help pay. I sometimes wonder if his father isn't the most cold hearted person I have ever met. You have told me there is nothing he can do to get out from under this restitution. He will just have to suffer with it. After all it was his choice to take the blame. Thank you again.
 

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