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Judges reverse teen’s gang-related adjudication

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The state was unable to prove that a 14-year-old Indianapolis boy committed criminal gang activity when he and several other juveniles beat up another teen after a party, the Indiana Court of Appeals ruled Thursday.

G.H. appealed his adjudication of what would be Class D felony criminal gang activity, arguing there is insufficient evidence to support the finding.

Teenager V.A. and another friend went to G.H.’s house before going to a party. V.A. left after seeing another teenage boy had a sawed-off shotgun. A group of teens, including G.H. followed V.A. and beat him up. V.A. got away and later attended another party with his older brother J.A. G.H. was at this party and when the brothers left for home, G.H. and some other boys followed them and asked if they wanted to fight. The brothers ran home.

To prove that G.H. committed criminal gang activity, the state must show that he (1) was an active member of a criminal gang, (2) had knowledge of the group’s criminal advocacy, and (3) had a specific intent to further the group’s criminal goals.

No witness could link physical evidence of gang activity to G.H. The brothers gave contradictory testimony about whether G.H. yelled “skoo woo” or “Drop ‘Em Squad” before the group of teens approached the brothers after the party. Those terms are often called out by gang members as a way of identifying themselves. J.A. recalled G.H. saying he was a member of the gang, but didn’t remember when he heard it.

“The State argues that G.H. and the other boys were gang members at the time of the incident because J.A. testified that they hung out together. This guilt-by-association argument is circular and unpersuasive,” Judge Nancy Vaidik wrote in G.H. v. State of Indiana, 49A02-1207-JV-532.

“However, even if the evidence established G.H.’s active gang membership, we would still conclude that the evidence is insufficient to sustain G.H.’s adjudication because there is no evidence that G.H. had the specific intent to further Drop ‘Em Squad’s criminal goals by battering V.A.”
 

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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