Story written by City News Service, posted by Toni McAllister.
A court hearing Wednesday for a man charged with possession of methamphetamine turned into a debate about how much money the 19-year-old defendant—one of two hikers whose rescue in Trabuco Canyon drew national headlines—owes to a volunteer who broke his back during the search.
Nic Cendoya was in court to be arraigned, but the proceeding was rescheduled to July 12, when attorneys will also discuss a claim made by 20-year-old Nick Papageorge's IV. He is using a victim's rights law to seek financial compensation for his back surgery and a weeklong hospital stay, which Mission Hospital officials told him cost about $350,000.
“I would like to get compensation for my parents,” Papageorge's said outside the courtroom.
Orange County Supervisor Todd Spitzer, who raised the issue of how Marsy's Law factors into the criminal prosecution of Cendoya, said he went to court Wednesday not as an attorney or supervisor, but as a volunteer family representative helping the Papageorge's family with their legal claims.
Spitzer said Cendoya's attorney, Paul Meyer, has “been very gracious” in discussions on resolving the medical expense issues. So far, the Papageorge's family said it has been billed for $10,000 in out-of-pocket expenses and does not know how much insurance will cover.
Papageorge's, who helped with the search for Cendoya and his 18-year-old friend Kyndall Jack for two days, fell about 110 feet. He had titanium screws put in his back, but doctors have told him he can expect a full recovery that will not inhibit his intended career as a firefighter-paramedic.
Papageorge's said he had heard rumors the two hikers had been using drugs before getting lost in the canyon, but it did not discourage him from joining the search.
“I would go out and do it again,” he said. “I'm not angry. ... We all make mistakes.”
Papageorge's' father said, “There's no logical reason why his spinal cord was not severed.”
The medical bills are a “pretty major financial hit to us,” Papageorge's III said.
The younger Papageorge's said he went looking for Cendoya April 1 and April 3, falling from a cliff. He hikes the area frequently and thought that would give him an advantage in finding Cendoya and Jack, he said.
Papageorge's' hiking partner could not get a cell phone signal, so they had to shout for help from others searching nearby. It took an hour for Papageorge's to be airlifted to Mission Hospital, he said.
Following the tumble, Papageorge's “knew immediately I broke my back,” based on his training as a paramedic. “It's just a miracle that God spared me,” he said.
At issue now legally is whether Cendoya would ever have to pay any compensation to Papageorge's.
Cendoya is eligible for a drug diversion program, and if he is accepted and completes the requirements, he will not have a conviction his record, preventing Papageorge's from seeking compensation, according to Spitzer and Deputy District Attorney Brock Zimmon.
Cendoya's attorney said his client has not decided whether to seek the drug diversion program.
“We're looking at the evidence and all the options,” Meyer said.
Spitzer said he will argue that a state law preventing compensation to Papageorge's if Cendoya completes the drug diversion program is “unconstitutional” under Marsy's Law.
A reserve deputy was also hurt in the search, but he is back on the job and does not want to be involved in the Cendoya case, Spitzer said.
Spitzer is seeking deputies' reports to buttress claims that Cendoya and Jack told investigators they had used drugs before the hike. If denied those reports, Spitzer said, he will push for investigators to testify.
The reports of drug use “totally changed my perspective” on the cost of the rescues, Spitzer said.
“We absolutely believe there's a connection between the drug use” and the two hikers getting lost, Spitzer said.
Orange County officials estimate it cost more than $160,000 to rescue Cendoya and Jack, but they cannot seek compensation because a law that allowed reimbursement expired in 1999. Orange County supervisors on Tuesday endorsed a draft bill they want Assemblyman Don Wagner, R-Tustin, to sponsor.
Sheriff's deputies searching for Cendoya allegedly found 497 milligrams of methamphetamine in the car he drove to the mountain. He was charged April 30 with a felony count of possession of a controlled substance.
Cendoya and Jack got lost Easter Sunday night. Cendoya was rescued late April 3, and Jack was found the next morning.
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