B-196182, JAN 15, 1980

B-196182: Jan 15, 1980

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DECEASED OFFICE OF THE GENERAL COUNSEL: WE ARE FORWARDING THE CLAIM OF KENNETH W. CHARGES WERE FILED AGAINST KENNETH W. THE CHARGES WERE DISMISSED "TO BEST MEET THE ENDS OF JUSTICE ... THE GENERAL COUNSEL ADVISED US THAT UNDER TEXAS LAWS THE DISMISSAL OF A CASE IS NOT CONCLUSIVE AS TO WHETHER A CLAIMANT IS CRIMINALLY RESPONSIBLE FOR THE DEATH OF AN EMPLOYEE. SINCE WE ARE UNCERTAIN THAT DISMISSAL OF THE CHARGES AGAINST MR. THE ADJUDICATOR HANDLING THE MATTER IS ARTHUR JAMES WHOSE EXTENSION IS 53218. IS NOT APPLICABLE TO MR. WAS RESOLVED UNDER THE RULES THEN PERTAINING TO MILITARY CLAIMS. THE RULES AS TO MILITARY CLAIMS WERE SUBSEQUENTLY MODIFIED BY B-193021-O.M. THIS CASE IS CONTROLLED BY THE RULE ESTABLISHED IN B-190250-O.M.

B-196182, JAN 15, 1980

RE: ESTATE OF GLORIA JEAN PAXTON, DECEASED

OFFICE OF THE GENERAL COUNSEL:

WE ARE FORWARDING THE CLAIM OF KENNETH W. PAXTON FOR UNPAID COMPENSATION DUE THE ESTATE OF GLORIA JEAN PAXTON, DECEASED, A FORMER EMPLOYEE OF THE VETERANS ADMINISTRATION.

ON MARCH 1, 1979, CHARGES WERE FILED AGAINST KENNETH W. PAXTON FOR THE MURDER OF HIS WIFE, GLORIA JEAN. ON AUGUST 1, 1979, THE CHARGES WERE DISMISSED "TO BEST MEET THE ENDS OF JUSTICE ... DEFENDANT CLEARED BY POLYGRAPH TEST."

IN B-192068-O.M., NOVEMBER 3, 1978, THE GENERAL COUNSEL ADVISED US THAT UNDER TEXAS LAWS THE DISMISSAL OF A CASE IS NOT CONCLUSIVE AS TO WHETHER A CLAIMANT IS CRIMINALLY RESPONSIBLE FOR THE DEATH OF AN EMPLOYEE. SINCE WE ARE UNCERTAIN THAT DISMISSAL OF THE CHARGES AGAINST MR. PAXTON ESTABLISHED A LACK OF FELONIOUS INTENT IN THIS INSTANCE, WE REQUEST YOUR ADVICE ON THE MATTER. THE ADJUDICATOR HANDLING THE MATTER IS ARTHUR JAMES WHOSE EXTENSION IS 53218.

INDORSEMENT

DIRECTOR, CLAIMS DIVISION

FILE Z-2815562 RETURNED HEREWITH. THE CASE CITED BY YOU, B-192068 O.M., NOVEMBER 3, 1978, IS NOT APPLICABLE TO MR. PAXTON'S CLAIM. THAT CASE INVOLVED THE CLAIM OF A WIDOW OF AN ARMY MEMBER AND, AS SUCH, WAS RESOLVED UNDER THE RULES THEN PERTAINING TO MILITARY CLAIMS. THE RULES AS TO MILITARY CLAIMS WERE SUBSEQUENTLY MODIFIED BY B-193021-O.M., MAY 14, 1979.

THIS CASE IS CONTROLLED BY THE RULE ESTABLISHED IN B-190250-O.M., MAY 9, 1978. WE STATED IN THAT MEMORANDUM:

"ACCORDINGLY, IN THIS CASE AND IN OTHER CIVILIAN PERSONNEL CASES - IN THE ABSENCE OF OTHER JUDICIAL PROCEEDINGS OR CLEAR EVIDENCE ON THE RECORD BEFORE US OF FELONIOUS INTENT - OUR OFFICE WILL ACCEPT AN ACQUITTAL, THE FAILURE OF A GRAND JURY TO RETURN AN INDICTMENT, OR THE FAILURE TO PROSECUTE AS EVIDENCE OF LACK OF FELONIOUS INTENT, AND MONEY DUE AN EMPLOYEE AT THE TIME OF HIS DEATH WILL BE PAID IN ACCORDANCE WITH 5 U.S.C. SEC. 5582."

WE ALSO STATED THAT, IN FUTURE CIVILIAN PERSONNEL CASES, YOUR DIVISION MAY SETTLE CLAIMS OF THIS KIND WITHOUT REFERRAL UNLESS UNUSUAL CIRCUMSTANCES REQUIRE REFERRAL.

THE RECORD IN THIS CASE SHOWS THAT THE CHARGES AGAINST MR. PAXTON WERE DISMISSED AFTER INDICTMENT. HENCE, THERE IS NO CLEAR EVIDENCE OF FELONIOUS INTENT ON HIS PART. ACCORDINGLY, THE CLAIM SHOULD BE PAID.