offender is convicted of a crime that results in injury to
the victim, the court shall order restitution for reasonably
ascertainable medical expenses and lost wages. Matthew Travis
Gonce pleaded guilty to malicious and intentional felony
harassment of University of Washington Medical Center Patient
Service Specialist Carol Harris and intentional assault in
the fourth degree of Registered Nurse Rebekah Strong. The
court ordered restitution to the Washington State Department
of Labor and Industries (L&l) for medical expenses and
lost wages. Gonce contends the court did not have the
statutory authority to order restitution for lost wages for
emotional distress caused by the felony harassment of Harris
and assault of Strong. Gonce claims the statute allows
restitution for lost wages resulting only from physical
injury, not emotional distress. We hold the restitution
statute does not limit restitution to lost wages resulting
from only physical injury. The plain and unambiguous language
of the statute authorizes the court to order reasonably
ascertainable restitution for lost wages resulting from
emotionaldistress. We affirm the order of restitution.
material facts are not in dispute. On December 4, 2014, the
University of Washington (UW) Medical Center admitted Anna
Whittington for pregnancy complications. Whittington was
approximately eight months pregnant.
Nurse Rebekah Strong noticed a white male, later identified
as Matthew Travis Gonce, come out of a patient room
"mumbling under his breath about bitches." Gonce
looked at Strong and said, " 'And here's a bitch
right here.'" Strong told him, " 'Please
don't use that language towards me'" and
continued to walk past Gonce. Gonce "smacked"
Strong on her "butt extremely hard" with his open
hand. Strong said the sound from hitting her was "very
loud" and she "saw other people towards the front
of the desk look to see what had happened." Strong said,
"It was upsetting; it was painful; it was embarrassing.
It was pretty shocking, and it was very disruptive."
said Gonce started "ripping everything off the
walls" in the hallway and throwing equipment to the
[H]e was ripping everything off the walls, and any kind of
equipment that was in the hallway he started throwing to the
ground. And we have some mounted, like, things on the walls,
and he was even ripping those off.
saw UW Security Officer Brian Zick down the hall, screamed
for help, and called 911.
Gonce shoved an Asian housekeeper, knocking over her cart in
the hallway, and yelled at her, " 'Gook, get out of
here, you gook. Youlike it was a gun" and threatened
to" 'shoot this MF - I'm going to - everybody
going to die today. Pow; you don't belong in this
country. If you're not white, you're not right. You
gook, get out of here.'" Gonce "motioned his
finger dead. Pow; you dead.'"
entered the sixth-floor staff room. He yelled obscenities,
"grabbed items off the center table, " and
"threw them on the ground." Gonce tried to attack a
doctor but Strong "distracted him and told the doctor to
run." Outside the staff room, doctors and nurses were
"running up and down the hall, people closing their
doors and screaming and hollering."
Gonce left the staff room, he approached the front desk area,
yelling obscenities. When Gonce saw UW Medical Center Patient
Service Specialist Carol Harris, he yelled at her, "
'What are you looking at, you nigger? You nigger bitch.
You nigger whore. I hate niggers. I hate you,
nigger.'" With his hand in the shape of a gun, Gonce
threatened to kill Harris because she was black: "
'Nigger bitch, I'm going to rip out your hair weaves
and kill you.'" Gonce ran toward the front desk and
lunged at Harris. A coworker intervened and pushed Gonce
away. Harris ran out of the area, slamming her shoulder on
the doorjamb as she left. Gonce violently grabbed the
computer monitor Harris was using, ripped it off the front
desk, and threw it on the ground with the "wires ...
hanging" out. As Harris was running away, she saw
"a lot of people that responded to come for help."
Harris told a black woman who came to help, " '[T]he
sight of black people right now is what's aggravating
him. So don't go - don't go. Please don't
came out of the patient room and yelled at Gonce to stop.
Gonce attacked her. Gonce grabbed Whittington by the hair and
placed his arm around her neck. With his hand in the shape of
a gun, Gonce dragged Whittington down the hallway, shouting
that he was going to "shoot his bitch down."
Officer Zink tried to stop Gonce. Gonce knocked Officer Zink
down and swung a mop at him. With the help of hospital staff,
Officer Zink was able to restrain Gonce until the UW police
arrived. While several police officers held Gonce down, he
continued to try to get away, repeatedly saying, "
'I'm going to kill all you niggers. I hate you. Go
back to where you come from. You don't belong in this
country. Get out of here, nigger, nigger, nigger.'"
went to the UW Medical Center Emergency Room that day for her
injured shoulder. A security officer warned Harris that Gonce
was in a patrol car parked outside the emergency room. When
Harris saw Gonce "staring at me, " she left and
decided to see a doctor later.
was not scheduled to work the next two days. Harris returned
to work on December 6. Gonce "showed up" to visit
Whittington. Medical center staff called security and sent
Harris home. Harris went to urgent care for her shoulder
injury. Urgent care referred Harris to Dr. Timothy Gilmore.
Harris saw Dr. Gilmore on December 11.
did not work from December 6, 2014 until she was released by
her doctor to return to work on January 26, 2015. Because
Whittington was still a patient at the UW Medical Center in
Seattle, the UW transferred Harris to the Bellevue clinic to
avoid any contact with Gonce. Harris worked a reduced
schedule at the Bellevue clinic from January 26 until March
22, 2015. Harris engaged in counseling three times a week for
a year. The counseling sessions addressed post-traumatic
went to her primary care doctor about anxiety caused by the
attack. Strong was having difficulty sleeping and was
"jumpy" at work. Her doctor instructed her not to
work for at least one week. Strong did not work from December
18 until December 28. Strong also engaged in counseling.
and Strong filed claims with the Washington State Department
of Labor and Industries (L&l) and submitted documentation
for medical expenses and time loss from work resulting from
emotional distress. L&l paid Strong $240.18 for medical
treatment and counseling and $1, 491.60 for lost wages,
totaling $1, 731.78. L&I paid Harris $3, 450.36 for
medical treatment and counseling and $5, 115.69 for lost
wages, totaling $8, 566.05.
State charged Gonce with malicious and intentional felony
harassment of Harris, intentional assault in the fourth
degree of Strong, and domestic violence intentional assault
in the fourth degree of Whittington. Gonce pleaded guilty to
malicious and intentional felony harassment of Harris in
violation of RCW 9A.36.080(1) and intentional assault in the
fourth degree of Strong and Whittington in violation of
admitted he "maliciously and intentionally threatened
Carol Harris ...