In re the Welfare of P.C.T.

823 N.W.2d 676, 2012 Minn. App. LEXIS 137, 2012 WL 5990314
CourtCourt of Appeals of Minnesota
DecidedDecember 3, 2012
DocketNo. A12-0895
StatusPublished
Cited by11 cases

This text of 823 N.W.2d 676 (In re the Welfare of P.C.T.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Welfare of P.C.T., 823 N.W.2d 676, 2012 Minn. App. LEXIS 137, 2012 WL 5990314 (Mich. Ct. App. 2012).

Opinion

OPINION

KIRK, Judge.

Appellant State of Minnesota challenges the district court’s denial of presumptive adult certification of respondent P.C.T., who faces six counts of aiding and abetting second-degree attempted murder for the benefit of a gang arising from three separate behavioral incidents. The state argues that the district court incorrectly found that respondent’s programming history weighs against adult certification. It also argues that the district court did not give sufficient weight to the first and third public-safety factors set out in Minn.Stat. § 260B.125, subd. 4. Finally, the state contends that the district court improperly emphasized the likely rehabilitation of respondent if he is retained in the juvenile justice system over the public-safety benefits of certifying respondent to be tried as an adult. Because we find that the district court abused its discretion when it found respondent had shown by clear and con[679]*679vincing evidence that his programming history, the adequacy of future programming, and the available dispositional options in the juvenile justice system did not favor adult certification, and when it failed to give sufficient weight to the first and third public-safety factors, we reverse and remand.

FACTS

“For purposes of certification, the juvenile is presumed guilty of the alleged offenses.” In re Welfare of S.J.T., 736 N.W.2d 341, 346 (Minn.App.2007), review denied (Minn. Oct. 24, 2007). Respondent, a 16-year-old at the time of the incidents giving rise to this appeal, is accused with two others of being involved in a series of drive-by shootings in Minneapolis, and respondent was identified as the shooter in at least one of the incidents. The first shooting occurred at about 5:30 p.m. on March 5, 2012. The victim was with some friends near 21st and Lyndale Avenues North when a black Ford Crown Victoria drove past and then made a U-turn. The victim got in her car and drove off. She looked in her rearview mirror and saw a black male shooting out of the window of the front passenger seat of the Crown Victoria. One of the bullets struck the victim in the foot.

The second shooting occurred about two hours later. The driver of a white Buick and his two passengers drove by a filling station near West Broadway Avenue and Penn Avenue North. The driver noticed a black Crown Victoria leave the filling station and begin to follow his car. The driver then heard gunshots and realized that they were coming from the car that was pursuing him. He suffered a gunshot wound to the neck.

The third shooting occurred that same day, shortly before 11 p.m. Police were dispatched to investigate a report of shots being fired near 25th and Dupont Avenues North. They stopped a green Chevrolet Suburban that had been reported fleeing the scene at a high rate of speed. The Suburban had four bullet holes in the driver’s door, and a subsequent examination discovered two intact bullets and several bullet fragments inside the vehicle. None of the vehicle’s three occupants were injured. The occupants described seeing a black Crown Victoria drive by, with the shooter hanging out of the window firing shots at their vehicle. They told police they could probably identify the shooter and reported that the same Crown Victoria had been involved in a number of shootings in the area.

Shortly after 11 p.m., officers observed a black Ford Crown Victoria matching the description of the one involved in the shootings that night. They pursued the vehicle for several blocks with their emergency lights and sirens turned on, but the Crown Victoria sped away and police were unable to keep up with it in traffic. They found the car several blocks later, but it had been abandoned. Using vehicle records, witness identification, and surveillance video, police identified respondent as the shooter. In a taped, post-Miranda statement, respondent denied having been in a vehicle on the day of the shootings. The police searched respondent’s bedroom and found a baseball cap matching the one worn by one of the suspects filmed by the surveillance camera at the filling station shortly before the second shooting occurred.

This was not respondent’s first incident involving guns. In May 2009, respondent allegedly went to his school in St. Louis Park carrying a BB gun in his backpack. Charges were later dismissed, but respondent left the school district. In June 2011, Minneapolis police responded to a report of shots being fired. They pursued re[680]*680spondent on his bicycle and observed him toss something in the bushes, which the police discovered to be a loaded semiautomatic pistol with the hammer engaged in firing position. The serial number of the pistol had been filed off.

Respondent was adjudicated delinquent of a felony involving a firearm, and he was placed on supervised probation and ordered by the district court to participate in the Gun Offender Program. He completed the classroom portion of the gun program but did not complete the community service requirement. He was then placed on electronic home monitoring and ordered to attend the Evening Reporting Center Program. His attendance at the reporting center was sporadic at first, but staff told him that he would be suspended if his attendance did not improve. Respondent’s attendance improved for about two months, and then he was placed on a two-week administrative hold to spend time with his girlfriend and their newborn baby. His attendance never returned to acceptable levels after that. He violated the terms of his probation by failing to attend school, remain law abiding, and complete the court-ordered programming.

School records indicate that respondent has been suspended from school, has been verbally defiant, and has gotten into fights. He failed to attend school or online school programming between September 2011 and the date of these offenses, March 5, 2012. While being held on the current charges, he has performed well at the school inside the juvenile detention center, but he was the subject of an incident report at that school when he was overheard using gang-related terms.

In September 2011, respondent witnessed the murder of his cousin. Police knew that some of the victims of all three of the March 5 shootings were associated with YNT, the Taliban, or other rival gangs to the Skitz Squad, a group that respondent formed and led following the murder of his cousin. Respondent claims that Skitz Squad is a music group, although the state believes that the group is engaged in gang activity. Following the March 5 shootings, the state charged respondent with six counts of aiding and abetting second-degree attempted murder for the benefit of a gang, in violation of Minn.Stat. §§ 609.05, .11, .17, .19, subd. 1(1), .229, subds. 2, 3(a), 4(b) (2010). The state moved for presumptive adult certification pursuant to MinmStat. § 260B.125, subd. 3 (2010).

The district court ordered a certification study and a psychological evaluation of respondent. On May 10, 2012, the district court held a certification hearing wherein it heard testimony from a defense witness, Hennepin County probation officer Susan Bach, who prepared the certification study. The state did not present any witnesses or submit any documentary evidence.

In her study, Bach weighed the six statutory factors enumerated in Minn.Stat. § 260B.125, subd. 4, and recommended that the court designate respondent an extended jurisdiction juvenile (EJJ).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of the Welfare of: M. E. G., Child
Court of Appeals of Minnesota, 2025
In the Matter of the Welfare of: E. E., Child
Court of Appeals of Minnesota, 2024
In the Matter of the Welfare of: G. M. D., Child
Court of Appeals of Minnesota, 2024
In the Matter of the Welfare of: P. J. B., Child
Court of Appeals of Minnesota, 2023
In the Matter of the Welfare of: P. D. H.
Court of Appeals of Minnesota, 2016
In the Matter of the Welfare of: A. M. A., Child.
Court of Appeals of Minnesota, 2015
In the Matter of the Welfare of: J.C., Child.
Court of Appeals of Minnesota, 2015
In the Matter of the Welfare of: C. K. R.
Court of Appeals of Minnesota, 2014
In re the Welfare of J.H.
829 N.W.2d 607 (Court of Appeals of Minnesota, 2013)
In re the Welfare of R.D.M.
825 N.W.2d 394 (Court of Appeals of Minnesota, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
823 N.W.2d 676, 2012 Minn. App. LEXIS 137, 2012 WL 5990314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-pct-minnctapp-2012.