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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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