In re Lewis, (1991)

• Decision Date: 17 July 1991
• Docket Number: WR-DL-078-079-91
• Parties: IN THE MATTER OF THE INTERESTS OF: STETSON LEWIS, DOB: 02/27/75, A MINOR CHILD.
• Court: Family Court of the Navajo Nation

IN THE MATTER OF THE INTERESTS OF: STETSON LEWIS, DOB: 02/27/75, A MINOR CHILD.

No. WR-DL-078-079-91

Family Court of the Navajo Nation Judicial District of Window Rock, Arizona

July 17, 1991

OPINION AND ORDER OF DISMISSAL

JUDGE ALLEN SLOAN PRESIDING.

This matter came for hearing upon Petitioner's motion to detain the subject child, incident to the filing of two petitions for delinquency and a motion to detain.Prior to the hearing on the merits of the detainment, the Court raised on its own motion, the sufficiency of the petitions.

I.

The Child is accused of having committed the delinquent acts of Aggravated Battery in violation of 17 N.T.C Sec. 317(1) and the Unlawful Carrying of a Deadly Weapon in violation of 17 N.T.C Sec. 320(a).The facts giving rise to the petitions are that, on July 5, 1991 at approximately 5:35 a.m., the Child:

ù "unlawfully carried a type of deadly weapon"

ù "unlawfully applied force to Emery Larson"

ù "Subject minor beat and kicked the victim.The victim barely conscious, had puncture wounds on the back and was bleeding in the back of the head."

II.

At issue as stated is the sufficiency of the petitions: Whether the petitions give sufficient information to the accused child such that he is informed of the nature and cause of accusation against him which will then enable him to prepare a defense.

III.

Proceedings arising under the Navajo Children's Code are civil in nature.The civil nature of the proceedings, however, does not deny an accused child's protected rights under the Navajo Bill of Rights, 1 N.T.C. Sec. 6, and the 1968 Indian Civil Rights Act,25 U.S.C. Sec. 1302(6).9 N.T.C. Sec. 1173(1977).

NineN.T.C. Sec. 1104 requires a petition to "set forth with specificity" certain allegations, among those being:

(1) The facts necessary to invoke the jurisdiction of the Children's Court.

(3) If the child is alleged to be a child offender, a citation to the appropriate section of the Criminal Code or Motor Vehicle Code which the child is alleged to have violated.

(4) A plain and concise statement of facts upon which the allegations are based, including the date, time and location at which the alleged acts occurred.

The relevant portions of the Navajo Criminal Code under which the child is accused are:

A person commits aggravated battery if he or she:

(1) Unlawfully applies force to the person of another, or strikes the person with a deadly weapon; or

(2) Intentionally or knowingly causes serious physical injury to the person of another.17 N.T.C. Sec. 317(a).

A person commits unlawful carrying of a deadly weapon if he or she carries ... any other type of deadly weapon.17 N.T.C. Sec. 320(a).

The Navajo Criminal Code defines deadly weapon as "anything designed for lethal use or any instrument used in a lethal manner; the term includes a firearm."17 N.T.C. Sec. 208.

IV.

It is clear that an accused child must be informed of the nature and cause of accusation against him in the same manner and to the same extent as an adult criminal defendant, if not more so.In that respect, the petitions must state where the alleged delinquent acts occurred; they must identify the type of deadly weapon carried; and they must relate the factual circumstances of the aggravated battery charge, that is, they do not show what the aggravating circumstances were which amounted to the child being accused of aggravated battery as opposed to simple...