Velma Bankett will bury her oldest son today.
She cleaned his room, looked at photos from Christmas and wondered why her 17-year-old – a high school senior – had to die so young, the victim of a Dec. 27 crash that also killed one of his closest friends, Ian Wallace, also 17.
And now, on the day of Joshua Bankett-Land’s funeral, his mother asks: “How am I going to pay for this?”
Burial fees for her son have reached nearly $13,000 – less than half of which has been paid, mostly by friends and donations.
Bankett-Land’s parents will ask for help from the victim- compensation fund, although a payout is not guaranteed.
The money from the 18th Judicial District’s victim fund depends on an ongoing Aurora police investigation that could find Bankett-Land and Wallace contributed to the crash.
If the dead teens are found at least partly responsible for the crash, it could disqualify their families from receiving aid.
And to further complicate matters, a payout could be rejected if prosecutors rule the wreck was an accident, not a crime.
“There are a lot of what-ifs,” said Wendy Buter, the compensation coordinator in the 18th Judicial District, which covers Arapahoe, Douglas, Elbert and Lincoln counties. “If (Bankett-Land is) responsible … then it’s not a compensable loss.”
Police have said the vehicle’s 16-year-old driver, Michael Stillwagon, was distracted by his passengers. Bankett-Land and Wallace were in the back seat, and neither was wearing a seat belt.
Wallace’s parents could not be reached for comment Thursday. His family has yet to file for compensation but has a year to do so.
The compensation would cover up to $5,000 in burial costs and is available under a 1981 Colorado law that guarantees payments to victims of violent crimes. More than $10 million was paid across the state in 2005.
Compensation is capped at $20,000 per victim in Colorado and can vary from district to district. The payouts cover anything from lost wages to medical expenses to burial fees and are doled out individually by three- member boards in each of the state’s 22 judicial districts.
Funding for the compensation programs is paid for, in part, with district court fees. The 18th Judicial District issued $1.4 million among 922 victims last year.
Generally, only a handful of compensation requests are denied annually across the state.
Buter said the compensation board will have its monthly meeting Jan. 26.
It is unlikely that Bankett-Land’s case will be discussed because the investigation might not be completed.
Bankett-Land’s mother was in Jefferson County Jail on a theft charge when the accident occurred and is out on $100,000 bail until Sunday, although she plans to ask for an extension. She has an extensive criminal history, including at least six convictions on theft and fraud charges in the metro area.
Her husband, Del Bankett, moves furniture for a living and cares for their six other children.
“I’m concerned about the money, but I got on my knees and prayed,” Velma Bankett said.
Staff writer Robert Sanchez can be reached at 303-820-1282 or rsanchez@denverpost.com.
