State Ex Rel. Rt

781 So. 2d 1239, 2001 WL 170927
CourtSupreme Court of Louisiana
DecidedFebruary 21, 2001
Docket2000-CK-0205
StatusPublished
Cited by12 cases

This text of 781 So. 2d 1239 (State Ex Rel. Rt) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Rt, 781 So. 2d 1239, 2001 WL 170927 (La. 2001).

Opinion

781 So.2d 1239 (2001)

STATE of Louisiana In the Interest of RT.

No. 2000-CK-0205.

Supreme Court of Louisiana.

February 21, 2001.
Rehearing Denied March 30, 2001.

*1240 Richard P. Ieyoub, Attorney General, Walter E. May, Jr., District Attorney, Yumeaka K. Robinson, Counsel for Applicant.

Derwyn D. Bunton, Sarah L. Ottinger, New Orleans, Counsel for Respondent.

VICTORY, J.[*]

RT, a fifteen-year-old high school student, was arrested on April 25, 1999 and charged as a juvenile with one count of terrorizing in violation of La. R.S. 14:40.1(A) and one count of conveying a false bomb threat in violation of La. R.S. 14:54.1(A). He remained in custody until his trial on June 30, 1999. A dispositional hearing was subsequently held on July 28, 1999. At the conclusion of that hearing, RT was adjudicated a delinquent and sentenced to serve one year in the custody of the Department of Corrections on each count, sentences to run concurrently.

RT appealed his adjudication as a delinquent, asserting that the statutes in question were unconstitutionally vague and overbroad and that there was insufficient evidence presented by the state to support his adjudication. The court of appeal rejected the attack on the constitutionality of the statutes but found that there was insufficient evidence to support the delinquency adjudication based on either of the offenses charged. It reversed the trial court's adjudication.[1] We granted the *1241 state's application for certiorari to review the correctness of that decision.[2]

The issue before us is whether the state presented sufficient evidence to support RT's adjudication as a delinquent for violation of the offenses charged.

In a delinquency proceeding, in order to sustain its burden of presenting sufficient evidence to sustain a conviction, the state must prove beyond a reasonable doubt that the child committed every element of the offense charged. La. Ch. C. art. 883; State v. S.B., 31,264 (La.App.2d Cir.9/25/98), 719 So.2d 1121. Just as in a proceeding against an adult, the constitutional standard for evaluating the sufficiency of the evidence is whether, upon viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find that the state proved all of the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

BACKGROUND FACTS

The events leading up to prosecution of this case occurred just a few days after the Columbine school shooting in Littleton, Colorado, in which two high school students set off bombs at their school and then held twelve of their fellow students hostage before murdering them and committing suicide. It is undisputed that the defendant in this case, as well as his closest friends, were singled out as the most likely to commit such an offense at their own high school, largely because they seemed different from the rest of the student body. They made a habit of wearing black clothing and they listened to what RT himself characterized as "homicidal" and "satanic" lyrics of heavy metal bands. In addition, RT had a prior delinquency adjudication and rumors had circulated after an Arkansas school shooting, months before the Columbine incident, that he was in possession of a "hit list."

After watching the extensive media coverage of the Columbine incident on television, RT predicted that the student body would be pointing at him and he recognized that others would think he fit a "stereotype." He recounted that at school the day afterward, "Everywhere I turned people were asking me if I was going to blow up the school." In this climate of fear, RT made certain statements which the state charged as violations of specific criminal statutes.

CHARGE OF VIOLATION OF LA. R.S. 14:40.1(A)

La. R.S. 14:40.1(A) provides:

A. Terrorizing is the intentional communication of information, known by the offender to be false, that the commission of a crime of violence is imminent or in progress or that a circumstance dangerous to human life exists or is about to exist, thereby causing any person to be in sustained fear for his or another person's safety; causing evacuation of a building, a public structure, or a facility of transportation; or causing other serious disruption to the public.

The state presented the testimony of only one witness to substantiate this charge. CM, a fellow biology student, testified that she had an "off-hand" conversation with RT during biology class. In that conversation he told her "how it would be really easy to have a shooting" in the biology class. He then described a scenario of how he could carry out a shooting with the help of others by blockading *1242 doors and windows and then shooting those he did not like, while skipping over his friends. He also remarked at another point in the conversation that it would be easy to carry out such a shooting when students were together for graduation, ring ceremonies, or group days. When the prosecutor asked if the statement caused her to be afraid, the witness answered that "... I just didn't really know what to think. I just kind of didn't think much about it." Under cross-examination the witness clarified that RT never said he actually planned to carry out this scenario. He just explained what could be done. The conversation ended when the teacher spotted them talking during class.

The state produced no evidence that the witness seemed alarmed or that she reported the conversation in question to anyone. She remained in class, seated next to RT, and attended school the next day. She missed a few days of school after the conversation, but explained that her mother pulled her out of school in fear for her safety in the aftermath of the Columbine tragedy. The state presented no evidence that the witness ever repeated this conversation to her mother or anyone else prior to RT's arrest or that her absence from school was a result of anything that RT had done or said.

We agree with the court of appeal that the state did not present sufficient evidence to support an adjudication of delinquency for violation of La. R.S. 14:40.1(A). There was no evacuation of any building, public structure, or facility of transportation. There is no evidence that the conversation was repeated by this witness or overheard by anyone else. Therefore, there is no evidence that any statements made to this witness by RT could have caused any public disruption or could have caused fear in any person other than CM.

The only portion of the statute that RT could possibly have violated is the section that prohibits the intentional communication of false information that a crime of violence is imminent or in progress, or that a circumstance dangerous to human life exists or is about to exist, thereby causing any person to be in sustained fear for his or another person's safety. However, the state presented no evidence that information was conveyed to the effect that a crime of violence was in progress or imminent, or that a circumstance dangerous to human life existed or was about to exist. The description of the conversation, taken as a whole, is more suggestive of a discussion of hypothetical conduct. Moreover, causation of "sustained fear" is clearly an essential element of this part of the statute.

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Bluebook (online)
781 So. 2d 1239, 2001 WL 170927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rt-la-2001.