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ST. GEORGE — A court ordered Tuesday one of the two women in the "8 Passengers" child abuse case may move forward in selling her home but must put $100,000 aside to be used for potential restitution in the case.
Kevin Franke, father of the children abused by his wife, Ruby Franke, and her business partner Jodi Hildebrandt, filed a motion on Jan. 12 asking the court to stop the sale of Hildebrandt's house in Ivins, where the abuse occurred. He wanted to ensure there would be money for Hildebrandt to pay restitution to his two children.
On Jan. 17, the court issued an order restricting Hildebrandt from selling her house and scheduled a preliminary injunction review hearing for Thursday.
Hildebrandt, 54, pleaded guilty on Dec. 27 to four counts of child abuse, a second-degree felony. She admitted to forcing a boy to remain outside at all hours of the day, resulting in sunburns, regularly binding the boy's hands and feet, and forcing a girl to jump into a cactus multiple times.
The Jan. 17 court order states the two child victims suffered physical and psychological abuse and injuries and will require ongoing medical care and long-term professional help. Restitution would be used to pay for therapy and treatment costs, and the court said an amount could be established prior to Hildebrandt's sentencing on Feb. 20, when restitution is typically requested.
Tuesday's court order approved a stipulated restitution agreement to resolve the issues brought up in Kevin Franke's motion. The temporary restraining order on Hildebrandt was terminated and the review hearing scheduled for Thursday was canceled.
The agreement said restitution is "likely appropriate" in this case, but it is unclear what the amount should be, thus a portion of the proceeds should be held in escrow to protect the interests of the children.
The agreement ordered Hildebrandt may move forward with selling her property and when the property is sold, she must place $100,000 in escrow in an account managed by an attorney. Those funds will remain in escrow until restitution for the case is decided and the money must be used first to fulfill any ordered restitution to benefit the children.
Any money remaining after restitution is paid will be returned to Hildebrandt.
