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Student’s delinquency adjudication involving in-school incident reversed

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A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.

K.W. was a 15-year-old student when he and another student faced off with raised fists indicating they were about to fight. A teacher intervened, as did school liaison Officer Eugene Smith, who serves as an Indianapolis Metropolitan Police Department officer employed by the school.

Smith placed a handcuff on one of K.W.’s wrists, but the student pulled away and Smith initiated a “straight arm-bar takedown,” struggling with the student and sustaining injuries in the process. After a hearing, K.W. was adjudicated a delinquent child on a charge of Class D felony resisting law enforcement when committed by an adult.

The Indiana Court of Appeals reversed, though, in a unanimous opinion written by Judge Edward Najam.

“K.W. contends that the evidence shows that Officer Smith was not ‘lawfully engaged in the execution’ of the duties of an IMPD officer when he handcuffed K.W. but was instead engaging in the duties of a school liaison officer, which is not covered by the statutory definition of law enforcement officer. … We must agree,” Najam wrote in K.W. v. State of Indiana.

“For the crime of resisting law enforcement to have been committed, Indiana Code 35-44-3-3 requires that a law enforcement officer be engaged in his duties as a law enforcement officer at the time of the offender’s forcible resistance. A school liaison officer is not a law enforcement officer under the statute, and neither is there any evidence in the record that Officer Smith was acting in his capacity as a law enforcement officer when he handcuffed K.W. Thus, we hold that K.W.’s adjudication for resisting law enforcement cannot stand.”

 

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  • Unlawful Restraint
    The officer should be charged with unlawful restraint and illegal imprisonment of a minor and the boy's parents should sue the school and the officer, as it seems the officer's first action was to use force!

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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