ALBUQUERQUE (KRQE) - A drunken driver who hit and killed a 14-year-old is victimizing the boy's family again.
Justin Mishall was drunk -- nearly double the legal driving limit -- and driving recklessly on Sept. 2, 2002. Mishall -- then 26 years old -- crashed into Reece Nord, 14, who was crossing the street on his bike at Montaño and Taylor Ranch roads in Northwest Albuquerque. Nord, a freshman at Cibola High School, died.
"We still really miss him," said Barbara Nord, Reece's mother. "I miss those beautiful blue eyes and that blond hair."
Two-and-a-half years after the crash, a jury found Mishall guilty of homicide by vehicle while driving drunk, reckless driving and having an open container of alcohol in his car. A judge sentenced him to five years in prison.
Mishall served only three-and-a-half years thanks to good time, which reduces an inmate's sentence if he behaves himself. As part of his sentence, a judge also ordered him to pay the Nord family more than $15,000 in restitution.
Once out of prison, Mishall spent two years on parole and paid the Nords about $750. A supervisor called him a model parolee. But when his parole ended last December, Mishall stopped paying. He even refused to sign a document promising that he would continue paying.
He still owes the Nords $14,640.08. News 13 has been told he disagrees on the amount of restitution he owes.
"We have no jurisdiction over somebody who's completed their probation or parole time," said Jessica Richey, probation and parole supervisor.
News 13 tried to contact Mishall and ask him why he stopped paying. He did not return phone calls or messages left at his house.
Once someone like Mishall is off probation or parole, they're free from the judicial system and any responsibility. The Nords said that is the problem.
"It should be until all the stipulations of this are met, you're not off parole," said Mike Nord, Reece's father.
The Nords would like to see the law force defendants to complete all of their sentence to include financial restitution. They're considering asking to sit down with Gov. Susana Martinez, a former prosecutor, to see what can be done to change the law.
"How do you fix this so you guarantee the victims don't have to visit this once parole is over?" said Mike Nord.
The Nords only option is to sue Justin Mishall in civil court, though it's not the money that's important for them; it's the principle. They've given the $750 they've already received in restitution to the Carrie Tingley Foundation in Albuquerque.
They're considering filing a lawsuit but don't want to have to relive the painful details of Reece's death. It's been hard enough thinking about what they're missing.
"The first guy to throw a ball with, the first guy to ride a bike with, the first guy to ride a motorcycle with," Mike Nord said as he ponders what else he's missed out on. "You realize that there are other kinds of firsts, the time you didn't get to go to graduation."
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