State ex rel A.D.

52 A.3d 1024, 212 N.J. 200
CourtSupreme Court of New Jersey
DecidedSeptember 20, 2012
StatusPublished
Cited by32 cases

This text of 52 A.3d 1024 (State ex rel A.D.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel A.D., 52 A.3d 1024, 212 N.J. 200 (N.J. 2012).

Opinions

Justice PATTERSON

delivered the opinion of the Court.

The Court considers N.J.S.A 2A:4A-26, which authorizes waiver of family court jurisdiction over the prosecution of juveniles who are fourteen years old or older for certain offenses and referral of those juveniles to adult criminal court, on motion of the prosecutor. N.J.S.A 2A:4A-26(a). For all such juveniles, waiver into adult court requires a finding by the trial court, after a hearing, that “[tjhere is probable cause to believe that the juvenile committed a delinquent act or acts which if committed by an adult would constitute” one of a list of serious crimes set forth in the statute. N.J.S.A. 2A:4A-26(a)(2).

Pursuant to a 2000 amendment to N.J.S.A. 2A:4A-26, intended to streamline and encourage waiver of older juveniles charged with serious crimes into adult court, juveniles who are sixteen or seventeen years of age at the time of their offenses, and charged with one or more enumerated crimes, are not entitled to present evidence that the prospect of rehabilitation substantially outweighs the reasons supporting waiver. N.J.S.A. 2A:4A-26(e). For trial judges reviewing waiver applications with respect to these older juveniles charged with serious offenses, the probable cause finding is thus a pivotal step in the waiver application.

[205]*205This case requires the Court to address the standard to be applied by Family Part judges when they determine whether the prosecution has demonstrated probable cause under N.J.S.A. 2A:4A-26(a)(2). It arises from a 2009 shooting in which one victim was killed and one seriously injured, allegedly by a group of men led by Angel Ramos, the father of one of the two juveniles in this case — A.D. # l.1 Ramos is alleged to be a leader in the Latin Kings street gang. The incident closely followed a fight in which A.D. # 1 and A.D. # 2 were beaten by an uncle of A.D. # 2 and others. According to the prosecution, the two juveniles, motivated by a desire for revenge following the fight, contacted A.D. # l’s father and participated in a conspiracy to murder A.D. # 2’s uncle and others, precipitating an assault in which the targeted uncle was unhurt, but another uncle of A.D. #2 was killed and A.D. # 2’s mother was severely wounded.

The two juveniles, both approaching their eighteenth birthdays, were charged with murder, aggravated assault, conspiracy and attempted murder, among other offenses. The trial court denied the prosecution’s application to waive the juveniles into adult criminal court, concluding that the State had not demonstrated probable cause under N.J.S.A. 2A:4A-26(a)(2). It found “no evidence” that the two juveniles had understood that their response to the fight would lead to murder. The State appealed, and an Appellate Division panel reversed the determination of the trial court, holding that the trial court had committed several legal errors in its application of the probable cause standard to the setting of this case.

We affirm the Appellate Division panel’s decision. We reaffirm our holding in State v. J.M., 182 N.J. 402, 417, 866 A.2d 178 (2005), that probable cause for purposes of N.J.S.A. 2A:4A-26 is “a well-grounded suspicion or belief that the juvenile committed the alleged crime.” We further hold that the probable cause standard [206]*206that governs waiver of juvenile complaints into adult criminal court under N.J.S.A 2A:4A-26 is similar to the standard that guides a grand jury’s determination whether or not to indict. If the trial court finds that the State has presented evidence which, combined with reasonable inferences to be drawn from that evidence, leads to a well-grounded suspicion or belief that the juvenile has committed one or more crimes enumerated in the statute, the “probable cause” standard of N.J.SA 2A:4A-26 is satisfied.

We concur with the Appellate Division panel that the trial court’s finding that there was no probable cause in this ease constituted error. We agree with the Appellate Division panel’s conclusion that the trial court disregarded the prosecution’s theory of vicarious liability, as well as crucial evidence presented in the probable cause hearing. We conclude that the evidence presented by the prosecution, combined with reasonable inferences drawn from that evidence, would give rise to a well-grounded suspicion or belief that both juveniles are criminally responsible for murder and/or aggravated assault and that both are criminally liable as accomplices to those crimes. Accordingly, we affirm the Appellate Division panel’s decision reversing the trial court’s orders denying waiver under N.J.S.A 2A:4A-26 and remanding to the trial court for further proceedings.

I.

The dispute at the center of this case arose in the context of a complex set of family relationships. Although A.D. # 1 is the nephew of A.D. # 2, they are only nine days apart in age.2 A.D. # 1 lived with his mother, but maintained contact with his father, Ramos, a leader of the Latin Kings who was also known as “King Angel” and “King D.” A.D. # 2 lived in a home in Woodbridge with several members of his extended family, including his par[207]*207ents, his grandparents, several young children and his maternal uncle, Luis Vasquez. Another uncle, Angel Yasquez, and an aunt, Beatrice Rodriguez, lived nearby.

The evidence considered by the trial court at the probable cause hearing consisted primarily of statements given to police by A.D. #2, his relatives and friends in the immediate aftermath of the shooting.3 Those statements focused upon three events of August 18, 2009: a fight that evening involving the two juveniles, A.D. # 2’s uncle Luis and others; the juveniles’ call to and communication with A.D. # l’s father, Ramos; and the shooting itself later that evening. We review that evidence, some of it contradictory, in detail.

Although A.D. # 2 and his uncle Luis shared a house, they had a contentious relationship. According to A.D. # 2, their August 18, 2009 dispute was triggered by the behavior of Angel Alvarado, a cousin of AD. # 2’s uncle Luis, whom A.D. # 2 believed had exposed himself to A.D. # 2’s mother. In another interview, A.D. # 2 said the dispute occurred because Luis “hit my mom [ ] and my father.”

Whatever the source of the animosity between A.D. # 2 and his uncle Luis, their dispute escalated into violence on August 18, 2009. According to A.D. # 2’s statement to police, that afternoon, A.D. #2 went to his home in Woodbridge with his nephew, Ricardo Soto, and an unidentified friend. In two inconsistent accounts, A.D. #2 explained he went to the house either to retrieve a video game or to challenge Alvarado. At the house, the three encountered Alvarado, and confronted him about his alleged conduct toward A.D. # 2’s mother. Luis joined the group as they were arguing. According to A.D. # 2, Luis baited Soto, and the [208]*208argument turned into a shoving match. Observing Luis reach into his “toolbox,” and concerned that there might be a weapon, A.D. #2 and his two companions left the house. Luis provided a different account; he recalled that A.D. # 2 came to the house in Woodbridge with two friends and confronted him, but left after he told them that he would not tolerate a fight at his mother’s house. A.D. # 2 responded that he and the others would be back, and left by car.

During the early evening, A.D.

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Cite This Page — Counsel Stack

Bluebook (online)
52 A.3d 1024, 212 N.J. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ad-nj-2012.