In re Tangeman
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[Cite as In re Tangeman, 2005-Ohio-4232.] IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION www.cco.state.oh.us IN RE: ANNE MARIE TANGEMAN : Case No. V2003-40925 KIMBERLY A. TANGEMAN : ORDER OF A THREECOMMISSIONER PANEL Applicant : : : : : : {¶ 1} The applicant, Kimberly A. Tangeman, filed a reparations application seeking reimbursement of expenses incurred with respect to an alleged August 1, 1999 incident concerning her now deceased daughter, Anne Marie Tangeman. Attorney General denied the On August 27, 2003, the applicant s claim citing R.C. 2743.52(A) contending that the applicant failed to prove that Anne Marie conduct. for Tangeman a victim of criminally injurious On September 3, 2003, the applicant filed a request reconsideration. General was denied the On September applicant s 10, claim 2003, the Attorney once again. On September 12, 2003, the applicant filed a notice of appeal to the Attorney General s September 10, 2003 Final Decision. November 2, 2004, a panel of commissioners granted an On oral motion by the applicant s attorney to withdraw the applicant s appeal and the claim was dismissed without prejudice. On November 15, 2004, the applicant filed a notice of appeal to the panel s November 2, 2004 order. Clark remanded the consideration. matter On to December On December 13, 2004, Judge the 16, panel 2004, of commissioners Mike motion to be removed as the attorney of record. 2004, record. attorney Michael Falleur was removed Falleur for filed a On December 22, as attorney of Hence, this matter came to be heard before this panel of three commissioners on May 18, 2005 at 10:40 A.M. {¶ 2} The pro se applicant, Kimberly A. Tangeman and an Assistant Attorney General attended the hearing and presented testimony and exhibits for the panel s consideration. Kimberly Tangeman testified concerning her knowledge with regard to her daughter s death. The applicant testified that Anne Marie attended Girl Scout Camp in 1999, that Anne Marie suffered a medical emergency transported to a while at hospital. camp, Ms. and Tangeman died after asserted being in her testimony that Anne Marie died as a result of negligence by the camp staff. Marie died The applicant stated that she suspects that Anne as a result of complications stemming from drowning. {¶ 3} The Assistant Attorney General maintained that there is insufficient proof, by a preponderance of the evidence, that Anne Marie died as a result of criminally injurious conduct. The Assistant Attorney General stated that within the records there is no current criminal or medical evidence that supports the applicant s contention of wrongdoing in relation to Anne Marie s death. {¶ 4} As the applicant came forward in good faith it is likewise our duty to share with the applicant Kimberly Tangeman the extent of the statutory power and limitations of this Court of Claims. If there were evidence in the file that, by a preponderance of the evidence, we could conclude that this young life had been taken by criminal conduct we statutory authority to act on this application. carefully review all evidence. would have the Our duty is to As of this date, this panel finds no established evidence of criminal conduct which could be directly associated with the loss of the life of Anne Marie Tangeman. {¶ 5} In summary, when the Ohio legislature created a victim s compensation program it carefully established the jurisdiction of the victim s of crime compensation program. In this instance no person or entity has been determined to have been involved in criminal conduct. Tragic loss of a young life has occurred and that tragedy is not associated with a related criminal offense. {¶ 6} From consideration review given of to the all file the and with information full and presented careful at the hearing, we find, by a preponderance of the evidence, that Anne Marie Tangeman was not a victim of a crime. We fully empathize with the applicant over the loss of her daughter. We however are unable, at this time, to find sufficient evidence that would lead us to conclude, based upon the information before us, that Anne Marie Tangeman died as a result of any criminally injurious conduct. Therefore, we find that the September 10, 2003 decision of the Attorney General shall be affirmed. {¶ 7} IT IS THEREFORE ORDERED THAT {¶ 8} 1)The September 10, 2003 decision of the Attorney General is AFFIRMED; {¶ 9} 2)This claim is DENIED and judgment is rendered in favor of the state of Ohio; {¶ 10} 3) Costs are assumed by the court of claims victims of crime fund. _______________________________________ GREGORY P. BARWELL Commissioner _______________________________________ JAMES H. HEWITT III Commissioner _______________________________________ TIM MC CORMACK Commissioner ID #I:\Victim Decisions to SC Reporter\Panel July 2005\V2003-40925.wpd\15-tad-051905 [Cite as In re Tangeman, 2005-Ohio-4232.] A copy of the foregoing was personally served upon the Attorney General and sent by regular mail to Warren County Prosecuting Attorney and to: Filed 7-14-2005 Jr. Vol. 2257, Pgs. 166-169 To S.C. Reporter 8-12-2005
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