Judge mulling lifetime wage restitution in 2 deaths

Had 3-month-old Beyonce Serawop lived long enough to graduate from high school and become a contributing member of society, she could have earned $250,000 in her lifetime, an expert testified Thursday.

And if 21-year-old Brian Johnson not been killed in a 2002 car accident, the aspiring artist may have made close to $500,000, the same expert said.

Economist Paul Randle testified Thursday afternoon in Utah's federal court in the separate cases of Redd Rock Serawop and Levangela Bedonie, the people responsible for Serawop and Johnson's early deaths.

In an unusual move, U.S. District Judge Paul Cassell appointed Randle to explore the lost income of each victim for a possible award of restitution to their survivors. The judge believes he has a statutory obligation to make such an award to the victim's estates.

Defense attorneys have objected to Randle's appointment, saying Cassell, a longtime victims' rights advocate, lacks the authority to introduce the issue. Federal prosecutors also initially objected but have since withdrawn their opposition.

Attorneys peppered Randle with questions Thursday as to the "extremely speculative" nature of the economist's figures and the ability to reach a reasonable amount when the two victims were so young and lacked any stable work history.

Randle agreed the figures are somewhat theoretical, as did Cassell.

"We'll never know what would have become of Beyonce or Brian because of the crimes that were committed here," the judge said.

Randle based his findings on an estimated work life of each victim and U.S. Census data on average wages. He decreased Serawop's lost earning capacity to reflect the fact that women historically earn less than men, and both victims' final totals received a downward adjustment because of studies that indicate American Indians earn substantially less than white workers.

At Cassell's request, Randle also figured race- and gender-neutral amounts for Johnson and Serawop. Cassell said Thursday he would consider those amounts when reaching his final total. To do otherwise, he said, would have the court "trafficking in racial and sexual stereotypes."

The differences are staggering. According to Randle's reports, Johnson would earn only $495,598 if he completed some of the post-graduate education he was considering at the time of his death. That number jumps to $850,959 if Johnson were a white male.