Juan Leon-Nava (Wisconsin DOC)
GREEN BAY, WI (WTAQ-WLUK) – A man serving a life prison term for killing his girlfriend and setting fire to her house while three young children were inside lost an appeal Tuesday, as he sought to avoid paying restitution in the case.
Juan Leon-Nava stabbed Michelle Schmitt 29 times in March 2006. He then set fire to the house, with her children – ages 2, 4, and 5 – inside. They managed to escape. He was sentenced to life in prison with no chance at parole, plus another 32.5 years.
During the sentencing hearing, restitution was not addressed, but was set at $30,200 in subsequent hearings.
He appealed, arguing improper procedures were not followed. But the appeals court Tuesday rejected his arguments.
“The circuit court clearly stated at Nava’s sentencing that restitution would be determined after additional information was submitted. Nava was on notice that the issue of restitution remained open and had no grounds to presume the matter was resolved. Moreover, as we previously explained, given that he is serving a life sentence without eligibility for release, we do not see that there was any great need for the restitution order to be expeditiously entered to avoid prejudice to Nava,” the court wrote.
Nava is currently housed at the Oshkosh Correctional Institution, state records show.
Comments