In Interest of Cw

490 S.E.2d 442, 227 Ga. App. 763
CourtCourt of Appeals of Georgia
DecidedJuly 15, 1997
DocketA97A0813
StatusPublished

This text of 490 S.E.2d 442 (In Interest of Cw) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Interest of Cw, 490 S.E.2d 442, 227 Ga. App. 763 (Ga. Ct. App. 1997).

Opinion

490 S.E.2d 442 (1997)
227 Ga. App. 763

In the Interest of C.W., a child.

No. A97A0813.

Court of Appeals of Georgia.

July 15, 1997.
Reconsideration Denied July 30, 1997.

*444 Tony L. Axam, Atlanta, Eric E. Wyatt, Madison, for appellant.

Fredric D. Bright, District Attorney, Kenneth G. Jackson, Monticello, for appellee.

John M. Clark, Elberton, amicus curiae.

*443 BEASLEY, Judge.

C.W. appeals from the order of the juvenile court adjudicating him delinquent and ordering him detained for treatment. The adjudication was predicated on acts of fleeing or attempting to elude a police officer, OCGA § 40-6-395, obstruction of an officer by offering or doing violence, OCGA § 16-10-24(b), interference with government property, OCGA § 16-7-24, and disorderly conduct, OCGA § 16-11-39.[1]

On June 25, 1996, about 7:00 p.m., a resident of a subdivision stopped Patrol Officer Eitneier and told him that two male juveniles were driving a go-cart through people's yards and on the street and that he had almost run them over. He requested the officer to ask them to stay off the street and to be careful. The officer said he would do so if he saw them.

About twenty minutes later, as Eitneier left one of the houses, he saw the go-cart come back into the subdivision from the woods at the back of the property and go into the street. He activated the siren on his patrol car to stop the go-cart to warn the youths for their safety and to prevent trespass and violation of rules of the road. But C.W., the 15-year-old driver, looked at him and drove into the woods. Eitneier activated his siren again, but C.W. did not stop.

Eitneier radioed for another patrol car to meet him at a nearby intersection, where he presumed C.W. would emerge. He arrived there before any other vehicle and placed his car in the road. C.W. approached, and Eitneier told him to get off the go-cart. C.W. instead evaded the car but wrecked the go-cart in doing so. As Eitneier approached, the passenger fled. C.W. was momentarily entangled in the go-cart. He extricated himself and began to run. Eitneier told him to stop, and after two or three more steps, he did so. Because C.W. had attempted to elude him on the go-cart and on foot and was larger than Eitneier, Eitneier decided to place handcuffs on him. C.W. profanely told Eitneier he could not arrest him because he was a juvenile. After being handcuffed he said he would beat Eitneier if he would remove the handcuffs and remove his badge. He also said "Don't let me catch you on the street; I'll kill you" and continued with profanities. Eitneier placed C.W. in the back of his patrol car and waited for another patrol car to arrive.

C.W. began to kick the door and window while screaming profanities. Eitneier told him to cease or he would spray him with pepper spray, but C.W. continued despite at least eight warnings. Another officer arrived, and Eitneier outlined the situation. C.W.'s kicks began to deform the door, and the other officer advised spraying him to control his combativeness. The officers opened the car and sprayed C.W., who kicked at the officers. They closed the door, and shortly C.W. kicked out the car's window.

C.W.'s mother arrived and asked for an explanation. Because they were on a busy street, blocking traffic, and people were gathering, *445 the officers decided to go to the police station for safety rather than discuss the matter there. When they arrived, Eitneier assisted C.W. in washing his eyes, and C.W. was released to his mother.

1. C.W. first contends his motion to dismiss the delinquency petition should have been granted because certain procedures required by the juvenile code were not followed, including that C.W. was taken to the police station when he was in custody.

OCGA § 15-11-19(a) directs "[a] person taking a child into custody, with all reasonable speed and without first taking the child elsewhere," to (1) "[f]orthwith release the child without bond to his parents ... upon their promise to bring the child [to] court"; (2) take the child to a medical facility when applicable; (3) "[b]ring the child immediately before the juvenile court or promptly contact a juvenile court intake officer"; or (4) bring a child suspected of a delinquent act before the superior court. The State contends it complied with OCGA § 15-11-19(a)(1) to the extent necessary. It is undisputed that the police did not take the child to a medical facility or to court.

Taking the juvenile to police headquarters did not comply with OCGA § 15-11-19(a)'s requirement that one of the four specified actions be taken "without first taking the child elsewhere." See Lattimore v. State, 265 Ga. 102, 103-104(2)(b), 454 S.E.2d 474 (1995). However, a technical violation of that provision does not require dismissal if it does not produce any prejudice or injury to C.W. In the Interest of J.D.M., 187 Ga.App. 285, 287(2)(a), 369 S.E.2d 920 (1988). See also Paxton v. State, 159 Ga.App. 175, 177-178(1), 282 S.E.2d 912 (1981).

C.W. argues that failure to comply with OCGA § 15-11-19 must result in dismissal of the petition, citing Sanchez v. Walker County Dept. of Family, etc., Svcs., 237 Ga. 406, 411, 229 S.E.2d 66 (1976). That case, decided under a former version of the Code, refers to the notice provision now found at OCGA § 15-11-19(c). See Sanchez, supra at 407, 229 S.E.2d 66. The custody provisions of OCGA § 15-11-19(a) were no part of the Court's opinion. In the Interest of R.D.F., 266 Ga. 294, 296(3), 466 S.E.2d 572 (1996), states in dicta that "failure to comply with OCGA § 15-11-26(a), like the failure to comply with OCGA §§ 15-11-19

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In the Interest of C. W.
490 S.E.2d 442 (Court of Appeals of Georgia, 1997)

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490 S.E.2d 442, 227 Ga. App. 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-interest-of-cw-gactapp-1997.