from the Jackson Superior Court The Honorable Bruce A.
MacTavish, Judge Trial Court Cause No. 36D02-1602-JD-9
ATTORNEY FOR APPELLANT R. Patrick Magrath Alcorn Sage
Schwartz & Magrath, LLP Madison, Indiana
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of
Indiana Lyubov Gore Deputy Attorney General Indianapolis,
M.T.V. appeals his adjudication of delinquency for Conspiracy
to Commit Aggravated Battery, a Level 3 felony if committed
by an adult. We affirm.
M.T.V. raises the following restated issues:
I. Whether the trial court abused its discretion when it:
A. Determined there was a sufficient foundation to admit
records of M.T.V.'s Facebook conversations, and
B. Admitted statements made by M.T.V.'s coconspirator in
those Facebook conversations; and
II. Whether the evidence is sufficient to support
and Procedural History
On January 13, 2016, when M.T.V. was sitting at a Seymour
High School cafeteria table, M.T.V. stated that he and
another student, B.E., were going to bring guns into the
school on April 20, 2018. M.T.V. said that the date was the
same day as the Columbine shooting. M.T.V. also said that he
and B.E. had a list and that a student, J.R., was first on
the list. Another student at the lunch table reported
M.T.V.'s statements to counselors and an investigation
ensued. During the investigation, the Seymour Police
Department ("SPD") obtained records from Facebook
containing conversations between M.T.V. and B.E.
On February 16, 2016, the State filed a delinquency petition
alleging that M.T.V. committed an act that would be
Conspiracy to Commit Murder if committed by an adult. The
State later amended the petition, adding allegations of
Conspiracy to Commit Aggravated Battery and Conspiracy to
Commit Possession of Firearm on School Property.
During a fact-finding hearing on May 20, 2016, the State
sought to admit the Facebook conversations into evidence.
M.T.V. objected, arguing that the Facebook records were not
properly authenticated and that the conversations contained
inadmissible hearsay. After hearing argument from M.T.V. and
the State, the trial court admitted the conversations. When
the hearing concluded, the juvenile court took the matter
under advisement, and later entered a true finding for only
one allegation, Conspiracy to Commit Aggravated Battery.
M.T.V. now appeals.