from the Jackson Superior Court The Honorable Bruce A.
MacTavish, Judge Trial Court Cause No. 36D02-1601-JD-3
ATTORNEY FOR APPELLANT R. Patrick Magrath Alcorn Sage
Schwartz & Magrath, LLP Madison, Indiana.
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Katherine Modesitt Cooper Deputy Attorney General
B.T.E. appeals the juvenile court's true finding that he
committed delinquent acts which, if committed by an adult,
would constitute attempted aggravated battery and conspiracy
to commit aggravated battery as level 3 felonies. B.T.E.
raises four issues which we revise and restate as:
I. Whether the court erred in denying B.T.E.'s motion to
dismiss based upon Ind. Code § 31-37-11-2; and
II. Whether the evidence is sufficient to support the
juvenile court's true findings that B.T.E. committed the
delinquent acts which, if committed by an adult, would
constitute attempted aggravated battery and conspiracy to
commit aggravated battery as level 3 felonies.
affirm in part and reverse in part.
and Procedural History
In the Fall of 2015, Seymour High School students B.T.E. and
M.V. Began planning to attack the school on April 20, 2018,
and to specifically target two other students at the school,
J.R. and G.M. The date of April 20, 2018 was chosen because
it was the "anniversary of the Columbine School
Massacre." Transcript Volume 3 at 21. B.T.E. and M.V.
frequently communicated about the subject using Facebook, and
B.T.E. specifically asked M.V. to help him carry out the
plan. B.T.E. drew a diagram of one of his classrooms, shading
two students' seats and drawing an "X" over
J.R.'s seat. Id. at 22-23. He also drew a
diagram of one of the buildings at the school and marked
names of teachers and doors to the classrooms.
Among the messages exchanged with M.V. on October 31, 2015
B.T.E wrote: "I hate [J.R.]. I hope he gets f ----
killed. The things I'd do to him. They would make even
the sociopathic of sociopaths shake and stutter. I hope he f
---- dies a slow and painful death that lasts for days."
Id. at 33. On November 4, 2015, B.T.E. wrote to
M.V.: "[J.R.] got a (-1) with [G.M.] because he was
[E.'s] partner instead of hers. It shows that he should
have a crush on [E.] and not [G.M.] of [sic] I'll kill
him. I will. If he dates [G.M.] then I will seriously kill
him. Then she will hate me so I'll kill her too."
State's Exhibit 10; Transcript Volume 3 at 36. That same
day, B.T.E. and M.V. wrote the following on Facebook:
M.V.: If you are going to do a murder. One, wear clothes you
never would wear again and haven't worn much before. Wear
shoes that aren't yours, or have little to no traction
left on the bottom. And make it look like you were looking
for something on them so it appears to be a robbery over a
specific item that you would never need.
That way it is harder to identify you and tie you down as a
How well you hide your tracks determine [sic] the rest
By identify, I mean in case someone sees you near the scene
B.T.E.: I don't need a lesson on s--- I've already
M.V.: I'm proving to you that I know my way around too
State's Exhibit 31; Transcript Volume 3 at 64.
On November 11, 2015, B.T.E. wrote: "I want to 'get
a bowl cut' and become famous after I'm arrested[.]
Then go to jail[.] I will be home there[.] The whole f -----
worlds out to get me[.] 'Ha look he's mad[.]' Me:
Ha look he's scared cause I killed his mom[.] Now I'm
f ----- talking." State's Exhibit 26; Transcript
Volume 3 at 56.
On November 12, 2015, B.T.E. and M.V. communicated on
Facebook as follows:
B.T.E.: Me and faggot f--- have a mutual thing going on
He wants to get lots of sleep
I want him to get nonstop sleep
I hate that f---
M.V.: What do you think the most painful death would be?
B.T.E.: Let's test everything in [J.R.] as we can
M.V. I was thinking that
As many cuts as possible
Without severing any important organs or blood vessles [sic]
B.T.E.: Implement through the ass and out the mouth
You last between a few hours and a few days
M.V.: Vlad the impaler proved this
Exhibit 29; Transcript Volume 3 at 62-63.
On November 13, 2015, B.T.E. and M.V. communicated on
Facebook as follows:
B.T.E.: I got pissed many times today
Three or four times because of [J.R.]
Hate that c---
Too bad I don't have a benevolent mind, or [J.R.] would
make it past highschool [sic]
I'm taking him out with me
That f ---- c---
I got pissed off when I was in math and I called [J.R.] a
(this was to my friends obviously) 'Horton hears a
who-lookin [sic] mother ----- ' and said that I hated his
f ---- soul and such I'll kill him[.]
M.V.: They thought it was funny
B.T.E.: I think [G.M.] heard me mention [J.R.]
I'll kill him
Exhibit 18; Transcript Volume 3 at 43-44.
On November 18, 2015, B.T.E. and M.V. had the following
conversation on Facebook:
B.T.E.: Kill [J.R.]
* * * * *
B.T.E.: I could steal a knife from POE and kill [J.R.] with
it and then take out as many people as possible
M.V.: Or you could buy a gun
I could attempt to break into my dads gun safe so I
wouldn't have ...