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Ariz. judge OKs $3.7M in restitution for wildfire

Associated Press Modified: November 8, 2012 at 6:46 pm •  Published: November 8, 2012

The San Carlos Apache Tribe, for example, won't get any of the more than $78,000 it claimed for loss of timber and permit sales. Aspey determined some of those losses were due to flooding and were not fully supported. One woman's claim for more than $15,000 to remove dead and burned trees and other debris got reduced to about $417. One couple withdrew their $7,000 claim after realizing that others needed restitution much more than they did, Schneider said.

The bulk of the restitution money — nearly $3.4 million — will go to insurance companies. The claims for those without insurance totaled more than $332,000, while those who incurred costs above what their insurance covered came out to $4,900.

Defense attorneys said the Malboeufs don't have much but they would pay whatever the court ordered them to. David Malboeuf works for the state prison system but is planning to quit soon to go back to school, his attorney, Stephen Glazer said. Caleb Malboeuf owns a construction business.

"If there's potential for taking care of some of the uninsured losses by his labor, sweat and materials, I think he'll be able to do that," said his attorney, David Derickson.

Schneider said the victims identified in the criminal case aren't clamoring for money and no one expects that they will receive their share overnight.

"They recognize at the end of the day there's no loss of life, and property, as precious as it is, still doesn't trump life," he said.