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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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