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Home / Opinion Digests / Criminal Practice / Criminal Practice – Juvenile – Delinquency Adjudication – Disorderly Conduct & Resisting an Officer – School Cafeteria – Thrown Chair

Criminal Practice – Juvenile – Delinquency Adjudication – Disorderly Conduct & Resisting an Officer – School Cafeteria – Thrown Chair

Throwing a single chair with no other person nearby and without attempting to hit another person and without hitting even any other item in a school cafeteria is not disorderly conduct as defined by G.S. § 14-288.4(a)(1).

We vacate the juvenile’s adjudications and dispositions for disorderly conduct and resisting a public officer.

Where the school resource officer admittedly snuck up on the juvenile and grabbed him by the shirt, and where the juvenile was calm and respectful within two minutes, the juvenile’s initial reaction of saying “no” and cursing did not constitute resisting a public officer.

Dissent

(Arrowood, J.) Viewing the evidence in the light most favorable to the state, the resource officer’s testimony that the juvenile threw a chair, which the juvenile admitted he was throwing at another student – his brother – provided substantial evidence of violent conduct, from which the trial court could reasonably determine that juvenile’s act of throwing a chair at another student amounted to violent conduct. I would find no error in the trial court’s denial of juvenile’s motion to dismiss the disorderly conduct charge.

In re T.T.E. (Lawyers Weekly No. 011-230-18, 16 pp.) (Donna Stroud, J.) (John Arrowood, J., concurring in part & dissenting in part) Appealed from Buncombe County District Court (Susan Dotson-Smith, J.) Janelle Varley for the state; Michelle Lynch for the juvenile. N.C. App.

 

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