A Butler man who was injured in a 2006 crash won't be receiving $10,000 from the drunken driver who caused the crash after all.

As it turns out, the medical bills of victim Richard Dent, 41, were paid by the state Department of Public Welfare.

Butler County Judge Timothy McCune, when informed of the situation by prosecutors during a hearing Wednesday, threw out the original $10,000 restitution order issued in November, payable to Dent, who was a passenger in the car driven by defendant James Wesley Daw.

McCune immediately replaced that order with a new one, mandating the Daw instead repay the state the true total of Dent's medical costs:$5,285.

Dent was flown by helicopter to a Pittsburgh hospital for head and leg injuries incurred when Daw's car hit a telephone pole on New Castle Street May 6, 2006. Daw, who was driving, also was hurt.

According to prosecutors with the state's Attorney General's Office, Dent received a written notice of Wednesday's hearing and was told by his probation officer to attend and explain his restitution request.

But he did not show up.

Court records say Dent's probation is not connected to this incident.

Already, prosecutors said a lack of cooperation by Dent was one of the most prominent reasons Daw was offered a plea bargain arrangement of significantly reduced charges.

Daw initially faced a charge of aggravated assault by vehicle while drunken driving. He pleaded guilty to drunken driving and was sentenced to serve between 72 hours and 6 months in prison.

At the same time, he was sentenced to a year of probation for a related charge of possession of a controlled substance. He also was ordered to log in community service and pay restitution.

Daw, who did not speak during Wednesday's hearing, appealed the original $10,000 restitution order. Neither Daw nor his attorney objected to the new order.