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Judges uphold 11-year-old’s reckless homicide adjudication

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The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.

In June 2011, N.B. was left home alone with his 6-year-old brother, A.F., and told by their mom if they cleaned their room, they’d have pizza for dinner. A.F. refused to clean their shared room, so N.B. got his stepfather’s .22 caliber rifle from the master bedroom and again told A.F. to clean their room. The boy refused again, so N.B. pulled the trigger, fatally shooting A.F. between the eyes.

N.B. called 911 and told dispatchers and police that A.F. shot himself. The police found some discrepancies in his answers and asked his mother for permission to re-interview N.B. An autopsy revealed it impossible for A.F. to have shot himself.  At the police station, the detective gave the mother and N.B. papers to read setting forth N.B.’s rights. They signed the papers and were later given 20 minutes in private to discuss whether N.B. should speak to the detective.

N.B. later admitted to shooting A.F. This statement was introduced at the evidentiary hearing, at which N.B. faced murder and reckless homicide charges. The judge adjudicated him on the reckless homicide charge and placed the boy in the Children’s Bureau Program.

N.B. argued on appeal that the procedural safeguards for the waiver of a juvenile’s constitutional rights weren’t followed as dictated in Indiana Code 31-32-5-1. He claimed his mother wasn’t an appropriate custodian to the joint waiver because she was the mother of the victim and she faced a criminal charge as a result of the shooting. N.B. also argued that his waiver wasn’t knowing or voluntary because he signed the waiver before being allowed to have meaningful consultation with his mother.

The judges rejected his arguments, finding that his mother faced the neglect of a dependent resulting in death charge regardless of how A.F. was shot. In addition, the Indiana Supreme Court has held that the parent of an alleged juvenile delinquent does not have a conflict of interest by virtue of being a parent of the that juvenile and the victim.

“The totality of the circumstances surrounding the interrogation of N.B. supports the juvenile court’s conclusion that he knowingly, intelligently, and voluntarily waived his rights,” Judge Cale Bradford wrote, agreeing with the trial court that while the signing of the waiver should happen after the juvenile and parent have a chance for meaningful consultation, under the facts of this case, N.B. impliedly waived his rights after engaging in consultation with his mother.


 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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