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Burglar’s $7K restitution in question

File photo Kempton Doyle, 58, formerly of 50 Westgate Crossing, Nashua, currently of Manchester

NASHUA – Although a judge has denied his motion to suspend his restitution order, there’s still a chance former Nashua resident Kempton Doyle will get his wish – but only if the insurance company to which he owes $7,300 agrees to let him off the hook.

The restitution order was one of the conditions imposed in Doyle’s September 2015 plea agreement, in which he agreed to enter a guilty plea to one of two counts of burglary in exchange for a State Prison sentence of two to five years. He has served this and is now living in Manchester.

The other charge was dropped as part of the deal, according to court documents.

Doyle was charged with burglarizing a southwest Nashua home in October 2014, for which he was subsequently arrested.

According to the plea agreement, Doyle, in addition to the prison sentence, agreed to pay a total of $8,300 in restitution, $1,000 of which would go to the owner of the home he burglarized to cover the deductible the owner had to pay his insurance company.

The balance of the restitution, roughly $7,300, would reimburse the insurance company, the agreement states.

In his motion, Doyle, who represented himself, asked the court to “vacate, suspend, and/or modify restitution,” saying he is “on disability” and “cannot work, or pay monies towards this case.”

Doyle wrote in the motion that he was able to pay $1,800 toward restitution, which Judge Jacalyn Colburn, who ruled on the matter, acknowledged in the order she issued after Doyle’s hearing.

While she denied Doyle’s motion to suspend the remainder of the restitution, Colburn wrote that since Doyle had paid the full restitution owed to the homeowner, it is now up to the owner’s insurance company whether Doyle pays the full restitution.

If the insurance company “agrees to a nominal payment plan, or agrees to forgive the (remainder of) the restitution based on (Doyle’s) disability, the court would approve such agreement,” Colburn wrote in the order.

Dean Shalhoup may be reached at 594-1256, dshalhoup@nashuatelegraph.com, or @Telegraph_DeanS.