In Re the Welfare of D.T.H.

572 N.W.2d 742, 1997 Minn. App. LEXIS 1378, 1997 WL 784174
Court of Appeals of Minnesota·Decided December 23, 1997·No. C7-97-540·Published·Cited by 10 cases

Opinions

OPINION

THOMAS G. FORSBERG, * Judge.

This appeal is from an order certifying appellant D.T.H. to stand trial as an adult on charges of first-degree murder, in violation of Minn.Stat. § 609.185, subd. 1 (1996), and two counts of second-degree murder, in violation of Minn.Stat. § 609.19, subd. 1(1) (1996). At the time of the offense, D.T.H. was 15 years, 9 months of age. We affirm.

FACTS

On October 28, 1996, Bruce Johnson, 51, and Grace Christiansen, 81, were reported missing, and Christiansen’s vehicle, a 1977 Mercury, was reported stolen to the Kandi-yohi County Sheriff’s Department. Johnson and Christiansen were last seen alive near Belgrade, Minnesota, on October 27, 1996. On or about that date, Johnson and Chris-[743] tiansen were killed with a six-shot .22 caliber revolver in a cornfield five miles south of Willmar, Minnesota. Johnson was shot a total of eight times, four times in the chest, three times in the back, and once in the back of the head, which was the fatal shot. Chris-tiansen’s body was found crouched, face down, in a fetal position. She had been shot twice, once in the face at extremely close range, and the lethal shot was to the back of the head. The bodies of Johnson and Chris-tiansen were found on October 29, 1996, and were identified by authorities the next day.

The delinquency petition, including allegations assumed to be true for purposes of the certification hearing, alleges that D.T.H., while a runaway from his home, broke into a vacant mobile home, where he stole a .22 caliber revolver and 400 rounds of ammunition. He also left behind a keychain at the trailer. D.T.H. then went to Christiansen’s farmhouse, and encountered Christiansen and Johnson. Johnson was helping Chris-tiansen pick potatoes.

D.T.H. told police that he and his father had hunted near Christiansen’s farm and that she recognized him. He stated he approached Christiansen and Johnson for a ride to Willmar, and they agreed. When they got to Willmar, D.T.H. claimed that he asked to get out, but that Johnson told him to “shut up” and started driving out into the country, where Johnson attacked D.T.H. in a cornfield. D.T.H. claimed that Johnson had the gun and was shot in a struggle, and that Christiansen was shot accidentally.1 D.T.H. claimed that he left the scene without seeking help because he did not think anyone would believe him.

D.T.H.’s juvenile record consisted of grand theft in South Dakota, for which he was under house arrest when he ran away, and a 1995 gross misdemeanor criminal damage to property. The state also charged him with first-degree burglary for breaking into the mobile home as part of this incident.

Pamela Combs, a probation officer, recommended certification based on the public safety factors enumerated under Minn. R. Juv. P. 18.05, subd. 3. The state’s psychiatrist, Dr. Carl Malmquist, recommended certification as an adult as the only viable option; Dr. Malmquist could not recommend treatment because D.T.H. would not cooperate with him.

Dr. Robert Riedel, appointed by the court to conduct a psychological evaluation on D.T.H., was ordered to base his opinion on the statutory factors for certification. Dr. Riedel testified that D.T.H. showed evidence of a personality disorder, which but for D.T.H.’s age would be considered antisocial personality disorder. Because D.T.H. was under 18, this disorder was classified as conduct disorder. Dr. Riedel characterized conduct disorder as a learned disorder, rather than a genetic condition, something that would require long treatment periods and had a poor prognosis. Dr. Riedel further testified that D.T.H. showed a distinct lack of remorse. He noted that D.T.H. had minimal experience with juvenile programs and that D.T.H. needed to face appropriate consequences for his offenses. Dr. Riedel cautioned that because there was no emotional or cognitive disorder to treat, the law would not require D.T.H. to stay in a treatment program until he showed improvement, but would instead release him automatically when he reached a certain age.

In his report, Dr. Riedel relied on school records showing D.T.H. had been involved in two fighting incidents. Applying the diagnostic criteria for conduct disorder, Dr. Rie-del concluded these fights were evidence that D.T.H. “bullies, threatens, or intimidates others.” However, Jack Harris, a school counselor, testified that D.T.H. did not exhibit severe disruptive behavior and was not a discipline problem.

Further, in examining the criteria for antisocial personality disorder, Dr. Riedel indicated that one of D.T.H.’s fights “was very severe.” Dr. Malmquist testified that he understood that one of the school fights involved another student punching D.T.H. first, followed by retaliation.

[744] In his report, Dr. Riedel emphasized that D.T.H. was “currently expressing no remorse” concerning the current offense. He further noted:

In general, [D.T.H.] does not suffer from any mental or emotional impairment and would thus not be a candidate for treatment for any of these disorders]. * * * Additionally, this juvenile is showing no remorse for any of these offenses which would not prognosticate in the direction of public safety if he were tried as a juvenile * * *. Even with extended jurisdiction [juvenile] the release could be made without any sign of positive response to treatment and the severity of the crimes and [D.T.H.’s] lack of remorse are serious impairments to this being a psychologically reasonable conclusion.

Dr. Riedel concluded that public safety required D.T.H. be tried as an adult.

The court found probable cause that D.T.H. had committed crimes alleged in the delinquency petition and granted the state’s motion to certify D.T.H. as an adult.

ISSUE

Did the district court abuse its discretion in ordering certification to adult court?

ANALYSIS

A district court has “considerable latitude” in deciding whether to certify a case for adult prosecution. In re Welfare of 435 N.W.2d 595, 598 (Minn.App.1989), review denied (Minn. Mar. 17, 1989). Its decision will not be reversed “unless [the court’s] findings are clearly erroneous so as to constitute an abuse of discretion.” In re Welfare of T.L.J., 495 N.W.2d 237, 240 (Minn.App.1993).

A presumption of certification applies when a 16- or 17-year-old uses a firearm to commit specified offenses. See Minn.Stat. § 260.125, subd. 2a (1996) (presuming certification when offense is felony using gun or offense with guidelines presumptive prison sentence). Because D.T.H. was only age 15 at the time of the offense, this presumption of certification does not apply.

In a nonpresumptive case such as this, the court may order certification if the state demonstrates “by clear and convincing evidence that retaining the proceeding in the juvenile court does not serve public safety.” Mnn.Stat. § 260.125, subd. 2(6)(ii) (1996). In making this determination, the court must consider the following factors:

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In Re the Welfare of D.T.H., 572 N.W.2d 742, 1997 Minn. App. LEXIS 1378, 1997 WL 784174 (Mich. Ct. App. 1997).

572 N.W.2d 742 (In Re the Welfare of D.T.H.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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In Re the Welfare of D.T.H.
572 N.W.2d 742 (Court of Appeals of Minnesota, 1997)