from the Lawrence Circuit Court. Trial Court Cause Nos.
47C01-1702-JD-99 47C01-1702-JD-86 The Honorable Andrea K.
McCord, Judge., The Honorable John M. Plummer, III, Referee.
Attorney for Appellant Debra S. Andry Lawrence County Public
Defender Agency Bedford, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Chandra K. Hein Deputy Attorney General
Barteau, Senior Judge
of the Case
A juvenile court determined E.B. is a delinquent child for
committing acts that, if committed by an adult, would have
constituted two counts of intimidation, both Level 6
felonies. E.B. appeals the court's
determination. We affirm in part and reverse in part.
E.B. raises one issue, which we restate as: whether there is
sufficient evidence to sustain the juvenile court's
adjudication of delinquency.
and Procedural History
E.B. attended high school in Lawrence County. In January
2017, Assistant Principal Todd Tanksley disciplined E.B. for
misconduct in the school cafeteria. Tanksley called
E.B.'s father to make him aware of the situation.
In mid-February 2017, E.B. sent a text message to a fellow
student, J.G. E.B. advised J.G. to wear red on the following
Tuesday, explaining that he intended to shoot "anybody
who wasn't wearing red." Tr. Vol. 2, p. 16. E.B.
later sent a text message to J.B., another fellow student.
E.B. told J.B. that next Tuesday, he should "wear red
and get under the desk" when he heard music.
Id. at 24. E.B. further told J.B. to tell "the
ones that [he] care[s] about." Id. at 25. J.B.
shared E.B.'s instructions with several of his fellow
students via text messages.
Later that same evening, E.B.'s sister, Em.B., was
walking by E.B.'s room when she heard him talking on the
phone with an unknown person. E.B. said he was going to bring
a gun to school and shoot Tanksley because "he
didn't like him." Id. at 53.
The next morning, on February 15, 2017, J.B. approached three
students in the school cafeteria. He told them to wear red
next Tuesday and get under their desks when they heard heavy
metal music over the public-address system. He further told
them the instructions came from E.B. and directed them to
spread the word to other students.
One of the students J.B. spoke with went to Tanksley's
office later that morning, at 8:30 a.m., and told him what
J.B. had said. The student did not know J.B.'s name, so
Tanksley consulted security video recordings of the cafeteria
and identified J.B. He spoke with J.B. and confirmed that
J.B. had told other students to wear red next Tuesday and get
under their desks when they heard certain music over the
public-address system. Next, Tanksley spoke with Em.B., who
was also a student at the school. She informed Tanksley of
E.B.'s statement that E.B. intended to bring a gun to
school and shoot him. E.B. was not at school that day.
Tanksley called the police, and two detectives were
dispatched to the school. Tanksley contacted E.B.'s
father and asked him to come to the school. Upon arriving,
E.B.'s father spoke with Tanksley and the detectives. The
detectives asked E.B.'s father for permission to search
E.B.'s bedroom, and he signed a written form granting
consent to search.
The detectives followed E.B.'s father to his house and
searched E.B.'s bedroom pursuant to the signed consent
form. E.B. was in the house. The detectives found a
handwritten document entitled "Checklist for Project . .
. School Shooting." Tr. Vol. 3, State's Ex. 8. The
document listed items he intended to take with him to school,
including a rifle, a handgun, and a knife, as well as
ammunition, a holster, and a radio. E.B. further listed
"areas of completion or major targets, " including
"Tanksly [sic], " the cafeteria, and "anyone I
can." Id. Finally, the document listed people
not to be shot, including "anyone the [sic] wears
red" and J.G. Id. The officers also found the
following items in E.B.'s bedroom: several shotgun shells
and bullets, a holster, and a tactical vest.
After the search, the detectives arrested E.B. and took him
to the Sheriff's Department. E.B.'s father followed
them there. Both E.B. and his father signed a document
permitting the officers to question E.B. E.B. conceded during
the interview that he wrote the document that the detectives
found in his room. He further conceded that he told several
people to wear red on Tuesday. E.B. further stated he put
Tanksley's name on the list of targets because Tanksley
did not like him.
Later that day, school officials notified parents about the
situation via a phone message. On an average day, 150
students are absent from school. The day after the school
notified parents, 588 students were absent.
On February 21, 2017, the State filed a Verified Petition
Alleging Delinquency in Cause Number 47C01-1702-JD-99, in
which the State contended as "Specification One"
that E.B. committed an act that would have been intimidation,
a Level 6 felony if committed by an adult, for his actions
involving Tanksley. Appellant's App. Vol. II, p. 9. The
State later amended its petition to add "Specification
Two, " alleging E.B. committed an act that constituted a
second act of intimidation, also a Level 6 felony, for
interfering with the occupancy of the school. Id. at
38. The juvenile court held a fact-finding hearing and
determined E.B. had ...