Darwin Nele Johnson v. Iowa District Court for Scott County

IN THE COURT OF APPEALS OF IOWA
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No. 25-0480
Filed April 1, 2026
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Darwin Nele Johnson,
Plaintiff,
v.
Iowa District Court for Scott County,
Defendant.
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Certiorari from the Iowa District Court for Scott County,
The Honorable Korie Talkington, Judge.
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WRIT ANNULLED
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Martha J. Lucey, State Appellate Defender, and Vidhya K. Reddy, Assistant
Appellate Defender, attorneys for plaintiff.

Brenna Bird, Attorney General, and Timothy M. Hau, Assistant Attorney
General, attorneys for defendant.
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Considered without oral argument
by Schumacher, P.J., Chicchelly, J., and Bower, S.J.
Opinion by Schumacher, P.J.

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SCHUMACHER, Presiding Judge.

Darwin Johnson, through writ of certiorari, challenges a restitution
order imposed by the district court following his guilty plea to assault causing
bodily injury. Johnson claims the victim’s medical expenses were not causally
connected to the assault. Upon our review, we affirm.

I. Background Facts and Proceedings

During an altercation at a Davenport bar, Johnson struck N.C. in the
forehead, breaking her glasses and knocking her unconscious. Johnson pled
guilty to assault causing bodily injury.1 The district court imposed a
suspended 180-day sentence and placed Johnson on probation.

The district court also ordered a hearing to address restitution. During
the hearing, N.C. testified that the assault by Johnson caused her to
experience migraines that required medical treatment. She also had to
purchase new glasses to replace the ones that broke during the incident. The
State filed several exhibits detailing these costs—including medical
statements and an invoice for the glasses—totaling $2,158.41.

The district court ordered Johnson to pay restitution in the amount of
$2,158.41 to N.C. Johnson challenges the restitution order by writ of
certiorari.

II. Standard of Review

Our review of this certiorari case is for correction of errors at law.
Weissenburger v. Iowa Dist. Ct., 740 N.W.2d 431, 434 (Iowa 2007). We
interpret this standard of review “liberally.” State v. Patterson, 984
N.W.2d 449, 456 (Iowa 2023) (citation omitted). In reviewing the court’s

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Johnson also pled guilty to another unrelated charge in a separate case.

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order, “we determine whether the court’s findings lack substantial
evidentiary support, or whether the court has not properly applied the law.”
State v. Bonstetter, 637 N.W.2d 161, 165 (Iowa 2001). “Evidence is substantial
when a reasonable mind would accept it as adequate to reach a conclusion.”
Id. (citation omitted).

III. Discussion

Iowa Code section 910.2(1) (2024) requires a defendant to pay any
pecuniary damages to the victim of their offense as part of restitution. A
“victim” is “a person who has suffered pecuniary damages as a result of the
offender’s criminal activities.” Iowa Code § 910.1(11). “Pecuniary damages”
include
all damages to the extent not paid by an insurer on an insurance claim by
the victim, which a victim could recover against the offender in a civil
action arising out of the same facts or event, except punitive damages and
damages for pain, suffering, mental anguish, and loss of consortium.

Id. § 910.1(6). It is the State’s burden to establish entitlement of damages due
to the victim. State v. T.J.W., 2 N.W.3d 853, 858 (Iowa 2024).

“In calculating a restitution order, the district court must find a causal
connection between the established criminal act and the injuries to the
victim.” Bonstetter, 637 N.W.2d at 168. “The damage must have been caused
by the offender’s criminal act to justify the restitution order.” Id. “When this
is established, the statute allows recovery of ʻall damages’ . . . [that] the State
can show by a preponderance of the evidence.” State v. Holmberg, 449
N.W.2d 376, 377 (Iowa 1989) (citation omitted).

Johnson agrees N.C. was wearing glasses that broke during the assault,
and he does not challenge his responsibility to reimburse N.C. in the amount
of $119.95 for the glasses, as shown by the CoolFrames Eyewear Boutique

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invoice. However, he maintains he is not responsible for N.C.’s medical
expenses of $2,038.46 relating to N.C.’s medical treatment after the assault,
according to the Genesis Health System statement. Specifically, Johnson
claims the restitution order should not include reimbursement for “the
hospital bill as no proof was established that those hospital expenses were
causally related to Johnson’s conduct.” He characterizes N.C.’s medical
treatment as “far-removed” from the assault, arguing no evidence shows
“that the condition treated on May 16, 2024 was related to the March 23,
2024 assault by Johnson.”

N.C. testified Johnson struck her “on my forehead, my head.” She
explained that she did not seek medical attention right away because she was
“afraid” and she “did not have insurance.” However, after the assault, she
began having “new symptoms,” including that her “head was hurting,” she
“could not lift [her] head,” and “[i]t was just pounding, hurting.” N.C.
explained “the onset was for a while” and “it was coming and going.” N.C.
eventually went to the emergency room on May 16, where providers
determined the cause was not N.C.’s high blood pressure; “[i]t was a
migraine.” N.C. received treatment for the condition. N.C. acknowledged
she had been treated for migraines in the past, but “[p]rior to this incident, I
hadn’t had a migraine in two years. I was controlled.” She testified her
migraines began again after “the blow to the head” by Johnson.

After considering the evidence presented, N.C.’s testimony, and the
parties’ positions, the district court ordered the full amount of restitution
requested, stating in part:
[Y]ou take your victim as you find them, and I realize the Defendant
probably didn’t know—maybe he did, but maybe he didn’t know he was
hitting someone with a migraine condition, but he assaulted someone, and
he takes them as—as he finds them. She has a right to ensure her health.

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She has testified that the treatment was related to the assault. She’s
explained why she didn’t seek immediate treatment. None of that prohibits
the Court from granting her request.

In sum, the court determined “the medical treatment obtained by
[N.C.] was related to the assault.” See State v. Ihde, 532 N.W.2d 827, 829
(Iowa Ct. App. 1995) (“The rationale of restitution under criminal law is
similar to the rationale of tort under civil law. . . . The damage must have been
caused by the offender’s criminal act to justify the restitution order.”).

After finding a causal connection between Johnson’s assault and
N.C.’s symptoms and medical treatment, “the district court had broad
discretion in determining the amount of restitution.” Luna v. Iowa Dist. Ct.,
No. 24-0945, 2025 WL 3022693, at *4 (Iowa Ct. App. Oct. 29, 2025);
Bonstetter, 637 N.W.2d 161, 168 (“A restitution order is not excessive ʻif it
bears a reasonable relationship to the damage caused.’” (quoting State v.
Mayberry, 415 N.W.2d 644, 647 (Iowa 1987))); Ihde, 532 N.W.2d at 829 (“A
wrong has been done. A person has been injured . . . . The victim deserves to
be fully compensated for the injury by the actor who caused it.”). Substantial
evidence supports the court’s findings, and we find no error in the court’s
order. We affirm the order of restitution.

WRIT ANNULLED.

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