In re L.C.A., 2005-CA-00242-COA.

• Decision Date: 05 September 2006
• Docket Number: No. 2005-CA-00242-COA.,2005-CA-00242-COA.
• Parties: In the Interest of L.C.A., a Minor.
• Court: Mississippi Court of Appeals

938 So.2d 300

In the Interest of L.C.A., a Minor.

No. 2005-CA-00242-COA.

Court of Appeals of Mississippi.

September 5, 2006.

COPYRIGHT MATERIAL OMITTED

Charles E. Lawrence, attorney for appellant.

Michael Wayne Thompson, attorney for appellee.

EN BANC.

ROBERTS, J., for the Court.

¶ 1. On January 26, 2005, the Jones County Youth Court found that L.C.A. qualified as a delinquent child.¹ Later that same day, the court held a disposition hearing and placed L.C.A. in the custody of the Mississippi Department of Human Services — Youth Services for placement at a training school. Aggrieved, L.C.A. appeals and raises three issues, listed verbatim:

I. WHETHER OR NOT THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT L.C.A. COMMITTED A DELINQUENT ACT AS REQUIRED BY MISSISSIPPI CODE ANNOTATED § 43-21-561.

II. WHETHER OR NOT THE COURT ERRED IN FAILING TO ADVISE L.C.A. AND HIS MOTHER AT THE BEGINNING OF THE ADJUDICATORY HEARING OF THOSE MATTERS TO WHICH THEY WERE REQUIRED TO BE INFORMED OF PURSUANT TO MISSISSIPPI CODE ANNOTATED § 43-21-557 AND BY FAILING TO COMPLY WITH THE REQUIREMENTS OF MISSISSIPPI CODE ANNOTATED § 43-21-601.

III. WHETHER OR NOT THE COURT CONSIDERED EVIDENCE IN REACHING ITS DECISION AFTER THE ADJUDICATORY HEARING THAT HAD NOT BEEN FORMALLY INTRODUCED INTO EVIDENCE.

FACTS

¶ 2. On November 3, 2004, L.C.A., a student at Pinebelt Alternative School in Laurel Mississippi, became disorderly and disturbed Mr. Matthew Mauldin's classroom. The Jones County Youth Court was contacted, and the judge issued a custody order to take L.C.A. into custody and have him placed in detention. Deputy Carroll Windham arrived to remove L.C.A. from the school and transport him to the juvenile detention center. As Deputy Windham removed L.C.A. from the school, L.C.A. became enraged and disorderly towards another teacher, Mr. Bart Gavin. L.C.A. shouted at Mr. Gavin and called Mr. Gavin a "m____ f____." Additionally, L.C.A. kneed Deputy Windham in the groin area as Deputy Windham attempted to place L.C.A. in the patrol car. Once he arrived at the detention center, L.C.A. tested positive for marijuana.² On December 15, 2004, a petition was filed in Jones County Youth Court that charged L.C.A. with disorderly conduct. On January 5, 2005, the youth court conducted an adjudicatory hearing during which L.C.A. denied the conduct. The youth court rescheduled the delinquency hearing for January 26, 2005.

¶ 3. At the scheduled delinquency hearing, Mr. Gavin, the teacher towards whom L.C.A. directed profanities, and Mr. Mackey Knight, the security officer at Pinebelt, each testified to L.C.A.'s conduct. They both testified that L.C.A. acted disorderly before he began to shout profanities. L.C.A. started resisting arrest, even though he was handcuffed, and he had to be physically controlled and placed into Deputy Windham's car.

¶ 4. L.C.A. testified in his defense. L.C.A. denied that he called Mr. Gavin a "m____ f____." Instead, L.C.A. testified that he said, "[t]his is a m____ f____ing shame" during the disturbance. L.C.A.'s mother testified in her son's defense. L.C.A.'s mother attributed L.C.A.'s behavior on the fact that he was sick. According to L.C.A.'s mother, antibiotics influenced L.C.A.'s behavior.

¶ 5. After hearing the evidence, the youth court found that L.C.A. qualified as a delinquent child.³ The youth court judge conducted a disposition hearing after the adjudication hearing. The youth court judge considered L.C.A.'s adjudication as a delinquent child, as well as L.C.A.'s previous adjudication as a child in need of supervision, and committed L.C.A. to the Mississippi Department of Human Services — Youth Services for placement at a training school.

STANDARD OF REVIEW

¶ 6. Our standard of review in youth court cases is limited. In Interest of D.K.L., 652 So.2d 184, 189 (Miss.1995). We consider all the evidence presented to the youth court in the light most favorable to the State. Id. If the evidence is such that, beyond a reasonable doubt, reasonable men could not have reached the youth court's conclusion, we must reverse. Id. However, if the evidence in the record supports the youth court's adjudication, considering the reasonable doubt standard, then we must affirm. In Interest of I.G., 467 So.2d 920, 924 (Miss.1985).

I. WHETHER OR NOT THE STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT L.C.A. COMMITTED A DELINQUENT ACT AS REQUIRED BY MISSISSIPPI CODE ANNOTATED § 43-21-561.

¶ 7. In his first issue, L.C.A. makes two arguments: (a) that he was unlawfully arrested, and (b) that the evidence was insufficient to adjudicate him as a delinquent child. We first address L.C.A.'s argument for unlawful arrest.

¶ 8. L.C.A. submits that the State never explained the nature of the conduct for which Deputy Windham responded to Pinebelt to remove L.C.A. from the school and then detain him. L.C.A. notes that the December 15, 2004 petition charged him with disorderly conduct incident to his behavior as Deputy Windham removed him from the school, rather than his behavior prior to his removal. That is, L.C.A.'s adjudication as a delinquent child did not originate from his behavior in class — it originated from his behavior as he was removed from class. Nevertheless L.C.A. concludes that he was arrested unlawfully. We disagree.

¶ 9. Under certain circumstances, a law enforcement officer may rely on probable cause to place a child into custody. A law enforcement officer may take a child into custody when the officer has probable cause to believe custody is necessary or when the officer can find no reasonable alternative to custody. Miss.Code Ann. § 43-21-303(1)(a) (Rev.2004). It is necessary to take a child into custody when a child's actions would endanger himself or others. Miss.Code Ann. § 43-21-301(3)(b) (Rev.2004). However, Deputy Windham did not respond based on independent probable cause. Deputy Windham responded incident to a youth court order. L.C.A. caused a disturbance in Mr. Matthew Mauldin's classroom significant enough to warrant contacting the youth court judge. The youth court judge issued a custody order and directed that Deputy Windham take L.C.A. into custody. We therefore do not find that L.C.A. was subjected to an unlawful arrest.

¶ 10. As mentioned, L.C.A. claims that his actions were not severe enough to qualify as a delinquent child. A delinquent child is a child over ten years old who has committed a delinquent act. Miss.Code Ann. § 43-21-105(i) (Rev.2004). An act qualifies as a delinquent act if that act would amount to a federal or state crime if committed by an adult. Miss.Code Ann. § 43-21-105(j) (Rev.2004). L.C.A., then sixteen years old, was charged with violating Mississippi's law that prohibits disorderly conduct, listed at Section 97-35-3 of the Mississippi Code. Pursuant to Section 97-35-3(1)(b):

Whoever with intent to provoke a breach of the peace, or under circumstances such that a breach of the peace may be occasioned thereby . . . insults or makes rude or obscene remarks or gestures, or uses profane language, or physical acts, or indecent proposals to or toward another or others, or disturbs or obstructs or interferes with another or others . . . shall be guilty of disorderly conduct.

According to our standard of review, we must assume that, as Deputy Windham removed L.C.A. from the school, L.C.A. struggled, acted belligerently, resisted arrest — even while wearing handcuffs, kneed Deputy Windham in the groin and called Mr. Gavin a "m____ f____." Even if we assumed that L.C.A. did not intend to provoke a breach of the peace with language profane enough to cause us to refrain from repeating it, there is no doubt that, under the circumstances, a breach could result from L.C.A.'s use of profane language. Bearing our standard of review in mind, we affirm the youth court's decision to adjudicate L.C.A. as a delinquent child.

¶ 11. The dissent reasons that "[i]t is more than a stretch to conclude that circumstances are ripe for a breach of the peace when the would-be instigator is a handcuffed sixteen-year old child being ushered in a patrol car by sheriff deputies." L.C.A.'s age has little bearing on whether a breach of the peace could occur under the circumstances. There is no evidence that, based on his age, L.C.A. could not have intended to provoke a breach of the peace. A reasonable fact finder, such as the judge in this case, could well conclude that L.C.A.'s conduct under the circumstances could likely lead to a breach of the peace. Compounded with the evidence that L.C.A.'s language could have occasioned a breach of the peace, we find no reversible error.

¶ 12. L.C.A. argues that educators have a duty to attempt to calm situations, rather than escalate them. It would certainly be unreasonable to allow educators to provoke escalated outbursts, but that is not what occurred at Pinebelt that day. There is no evidence that Mr. Gavin or any other educator at Pinebelt escalated the situation. L.C.A. seems to suggest that educators should not only expect a student to exclaim profanities towards them as that student attempts to injure a law enforcement officer, L.C.A. also suggests that educators should calmly accept that behavior. However, L.C.A. provides no support for his illogical suggestion. L.C.A.'s conduct was unacceptable regardless of his child status. We find L.C.A.'s argument entirely meritless.

II. WHETHER OR NOT THE COURT ERRED IN FAILING TO ADVISE L.C.A. AND HIS MOTHER AT THE BEGINNING OF THE ADJUDICATORY HEARING OF THOSE MATTERS TO WHICH THEY WERE REQUIRED TO BE INFORMED OF PURSUANT TO MISSISSIPPI CODE ANNOTATED § 43-21-557 AND BY FAILING TO COMPLY WITH THE REQUIREMENTS OF MISSISSIPPI CODE ANNOTATED § 43-21-601.

¶ 13. In this issue, L.C.A. claims that the youth court failed to comply with Mississippi law when it did not advise him of all of his rights at the January 26, 2005 hearing. Section 43-21-557 of the Mississippi Code requires a youth court judge to...