GREEN BAY, WI (WTAQ) – A restitution award of more than $230,000 that a convicted murderer was ordered to pay has been vacated by a state appeals court.
Mao Xiong is serving a 25-year prison sentence after being convicted of second-degree intentional homicide for murdering Eric Vieau outside a Green Bay bar in 2011.
Xiong was ordered to pay $1,000 for lost work and the family’s out of pocket expenses at the time of the sentencing.
In 2016, an updated request for $227,477.94 to the victim’s wife and $3,719 to the victim’s mother was received and the judge ordered him to pay that amount without a hearing.
Xiong appealed that updated restitution request and in a decision issued Tuesday, the court canceled the award and sent the case back to the judge.
“We cannot evaluate whether a delay in bringing new restitution claims was justified in this case, or whether Xiong was prejudiced by that delay, without the circuit court’s specification as to what, if any, new items of restitution have actually been considered and awarded. We conclude that the restitution order must be vacated because the current record does not provide a proper basis for the amount of the award. We remand this matter to the circuit court for a restitution hearing,” the court wrote.
