Crime & Safety

Hikers Won't Be Charged For Their Rescue

A felony drug charge changed the County's mind about seeking restitution from Nicolas Cendoya, but it may not have legal grounds to make the hiker pay restitution for his rescue.

Orange County Supervisor Todd Spitzer wants two hikers rescued from Trabuco Canyon last month to pay for the cost of rescuing them, but following a private meeting today with the rest of the board it is clear he doesn't have the votes.

"I don't have the votes, and I think there's definitely a frustration on behalf of the board that the law is really not there," Spitzer said. "It's very difficult to make the arguments in this particular situation."

Board Chairman Shawn Nelson said he doesn't think the county has the legal right to pursue restitution for the rescue of Nicolas Cendoya.

"The truth of the matter is the county is not a victim in the sense that weren't stolen from or beat up," Nelson said. "I think it's time for the state to have a discussion that could help us and every other county that deals with this type of rescue situation."

Cendoya, 19, was charged April 30 with a felony count of possession of a controlled substance and is scheduled to be arraigned May 22.

Investigators on April 2 found 497 milligrams of methamphetamine in Cendoya's car, about 0.017 ounce, said Farrah Emami of the Orange County District Attorney's Office. Cendoya and Kyndall Jack, 18, went missing on Easter Sunday night when they became lost while hiking. Cendoya was rescued late April 3, and Jack was found the next morning.

Cendoya's criminal case prompted Spitzer to explore the county's legal avenues to seek compensation for the rescue, which officials estimate cost more than $160,000.

Spitzer said he filed a "place holder" this week on the Cendoya case, citing the victims' rights Marsy's Law, "So Cendoya couldn't offer a quick plea without restitution."

Spitzer said that because the board won't back him: "I need to think it through and regroup ... I can't go in as a supervisor, I'd have to go in as a taxpayer."

Legislation that might have given county officials the authority to seek restitution from the hikers has expired, Spitzer said.

"I think the board would like to go after Cendoya, but... there's a legal analysis that there's no way to do it," Spitzer said, adding he would seek new legislation giving municipal leaders the authority to seek restitution in some rescues.
 
—City News Service 


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