A 7th Circuit Court ruling has lowered restitution to be paid for medical expenses for three stabbing victims, but the defendant argues the amount is too high. Wade Bowles, 34, plans to appeal the amount of restitution set by court Friday afternoon.

Judge Janine Kern ruled that Bowles will pay $53,069.41 for the medical expenses of Guy Davison, David One Feather and Waylon Spotted Eagle, substantially less - 28 percent - than the $186,642.78 that the state had initially requested.

As part of a plea agreement, Bowles was sentenced last month to 25 years in prison for stabbing Davison, One Feather and Spotted Eagle at a north Rapid City apartment a year ago. He pleaded guilty to the aggravated assaults of Davison and Spotted Eagle.

Defense attorney Dana Hanna said that his client would appeal the restitution amount.

Hanna argued that beyond actual expenses paid by Indian Health Services and Centers for Medicare & Medicaid Services, the state had not been a victim of fraud, theft or embezzlement and was not entitled to restitution.

"There has been no out-of-pocket expense paid here," he said.

Pennington County deputy state's attorney Todd Hyronimus disagreed.

"The U.S. government is a victim in this case," Hyronimus said.

Hanna argued that his client's projected ability to pay restitution has been based on Bowles saying he had made $40,000 one year while being interrogated by the police. The state had never investigated the statement or if Bowles' could earn that much after release from prison.

Kern said that since neither Hanna nor Hyronimus had made a point of investigating the figure in any of their briefs submitted to court, she ruled that the expenses paid by the U.S. government were reimbursable.

The court also had considered Bowles' length of sentence with his age and the amount of time he would have to earn an income to pay restitution.

"They are reasonable," she said of the sums.

Deputy State's Attorney Lara Roetzel, who originally prosecuted the case, said because Bowles is going to spend so much time in prison, the state was satisfied with the ruling.

"When you're looking at the reality of his ability to pay that, it's slim to none. Of course, we would have loved the full amount, but she did the right thing," Roetzel said of Kern's ruling.

Hanna pointed out that Bowles' mother, who appeared in court looking frail and using an oxygen tank to breathe, had retained his services. For the appeal, Bowles, who is indigent, would need new council, Hanna said.

Kern said she would appoint a lawyer for him.

Contact Jomay Steen at jomay.steen@rapidcityjournal.com or 394-8418.