IN THE COURT OF CLAIMS OF THE STATE OF WEST VIRGINIA
IN THE MATTER OF:
Scott Graves, Jr.
O R D E R
Claimant appeared in person and by counsel, Sarah Hall.
Joy M. Bolling, Assistant Attorney General, for the State of West Virginia.
An application of the claimant, Scott Graves, Jr., for an award under the West Virginia Crime
Victims Compensation Act, was filed March 13, 2001. The report of the Claim Investigator, filed
January 11, 2002, recommended that no award be granted, to which the claimant filed a response in
disagreement. An Order was issued on February 12, 2002, upholding the Investigator's
recommendation and denying the claim, in response to which the claimant's request for hearing was
filed March 7, 2002. This matter came on for hearing November 7, 2002, claimant appearing in
person and by counsel, Sarah Hall, and the State of West Virginia by counsel, Joy M. Bolling,
Assistant Attorney General.
On December 25, 1999, the claimant's 47-year-old mother, Frances M. Graves, was shot and
killed by the offender, Tony Woody, who then fatally shot himself. No award was granted because there was no showing of economic loss.
At the hearing, the claimant testified that at the time of his mother's death, he was a graduate
student at Marshall University, living in Charleston. (Transcript, page 6.) He stated that his mother,
who was living in McDowell County, provided financial support in the form of rent, car payments,
insurance, and utilities. (Transcript, page 8.) After his mother's death, the claimant completed his
Master's Degree and then enrolled at the University of Kentucky. He entered the Ph.D. program in
Psychology. (Transcript, pages 9-10.)
Upon questioning by the Court, the claimant confirmed that he received the proceeds of his
mother's life insurance policy, which totaled $120,000.00. (Transcript, page 16.) The Court adopted
the initial findings of the Claim Investigator, and added that the claimant was indeed a dependent of
his mother at the time of her death. (Transcript, page 16.) The Claim Investigator was then directed
to calculate the economic loss sustained by the claimant from the date of his mother's death in 1999
through June 30, 2005.
Pursuant to the Court's request, the Claim Investigator submitted a memorandum dated
February 6, 2003, finding the claimant's out-of-pocket losses to be $26,996.60. Therefore, an award
in that sum is hereby granted pursuant to said memorandum.