Welfare of D.T.H., Matter of
| Decision Date | 23 December 1997 |
| Docket Number | No. C7-97-540,C7-97-540 |
| Citation | 572 N.W.2d 742 |
| Parties | In the Matter of the WELFARE OF D.T.H., Child. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
The state may prove that retaining a proceeding in juvenile court does not serve public interest where the state presents clear and convincing evidence on the statutory criteria to be applied in determining whether a juvenile shall be certified for trial as an adult, even though the state presented little or no evidence concerning whether the juvenile had engaged in any harmful conduct other than the charged offenses.
John M. Stuart, State Public Defender, Charlann E. Winking, Assistant State Public Defender, Minneapolis, for appellant child.
Hubert H. Humphrey III, Attorney General, St. Paul, and Boyd Beccue, Kandiyohi County Attorney, Deborah R. Peterson and Jennifer K. Fischer, Assistant County Attorneys, Willmar, for respondent.
Considered and decided by PETERSON, P.J., and DAVIES and FORSBERG, JJ.
This appeal is from an order certifying appellant D.T.H. to stand trial as an adult on charges of first-degree murder, in violation of Minn.Stat. § 609.185, subd. 1 (1996), and two counts of second-degree murder, in violation of Minn.Stat. § 609.19, subd. 1(1) (1996). At the time of the offense, D.T.H. was 15 years, 9 months of age. We affirm.
On October 28, 1996, Bruce Johnson, 51, and Grace Christiansen, 81, were reported missing, and Christiansen's vehicle, a 1977 Mercury, was reported stolen to the Kandiyohi County Sheriff's Department. Johnson and Christiansen were last seen alive near Belgrade, Minnesota, on October 27, 1996. On or about that date, Johnson and Christiansen were killed with a six-shot .22 caliber revolver in a cornfield five miles south of Willmar, Minnesota. Johnson was shot a total of eight times, four times in the chest, three times in the back, and once in the back of the head, which was the fatal shot. Christiansen's body was found crouched, face down, in a fetal position. She had been shot twice, once in the face at extremely close range, and the lethal shot was to the back of the head. The bodies of Johnson and Christiansen were found on October 29, 1996, and were identified by authorities the next day.
The delinquency petition, including allegations assumed to be true for purposes of the certification hearing, alleges that D.T.H., while a runaway from his home, broke into a vacant mobile home, where he stole a .22 caliber revolver and 400 rounds of ammunition. He also left behind a keychain at the trailer. D.T.H. then went to Christiansen's farmhouse, and encountered Christiansen and Johnson. Johnson was helping Christiansen pick potatoes.
D.T.H. told police that he and his father had hunted near Christiansen's farm and that she recognized him. He stated he approached Christiansen and Johnson for a ride to Willmar, and they agreed. When they got to Willmar, D.T.H. claimed that he asked to get out, but that Johnson told him to "shut up" and started driving out into the country, where Johnson attacked D.T.H. in a cornfield. D.T.H. claimed that Johnson had the gun and was shot in a struggle, and that Christiansen was shot accidentally. 1 D.T.H. claimed that he left the scene without seeking help because he did not think anyone would believe him.
D.T.H.'s juvenile record consisted of grand theft in South Dakota, for which he was under house arrest when he ran away, and a 1995 gross misdemeanor criminal damage to property. The state also charged him with first-degree burglary for breaking into the mobile home as part of this incident.
Pamela Combs, a probation officer, recommended certification based on the public safety factors enumerated under Minn. R. Juv. P. 18.05, subd. 3. The state's psychiatrist, Dr. Carl Malmquist, recommended certification as an adult as the only viable option; Dr. Malmquist could not recommend treatment because D.T.H. would not cooperate with him.
Dr. Robert Riedel, appointed by the court to conduct a psychological evaluation on D.T.H., was ordered to base his opinion on the statutory factors for certification. Dr. Riedel testified that D.T.H. showed evidence of a personality disorder, which but for D.T.H.'s age would be considered antisocial personality disorder. Because D.T.H. was under 18, this disorder was classified as conduct disorder. Dr. Riedel characterized conduct disorder as a learned disorder, rather than a genetic condition, something that would require long treatment periods and had a poor prognosis. Dr. Riedel further testified that D.T.H. showed a distinct lack of remorse. He noted that D.T.H. had minimal experience with juvenile programs and that D.T.H. needed to face appropriate consequences for his offenses. Dr. Riedel cautioned that because there was no emotional or cognitive disorder to treat, the law would not require D.T.H. to stay in a treatment program until he showed improvement, but would instead release him automatically when he reached a certain age.
In his report, Dr. Riedel relied on school records showing D.T.H. had been involved in two fighting incidents. Applying the diagnostic criteria for conduct disorder, Dr. Riedel concluded these fights were evidence that D.T.H. "bullies, threatens, or intimidates others." However, Jack Harris, a school counselor, testified that D.T.H. did not exhibit severe disruptive behavior and was not a discipline problem.
Further, in examining the criteria for antisocial personality disorder, Dr. Riedel indicated that one of D.T.H.'s fights "was very severe." Dr. Malmquist testified that he understood that one of the school fights involved another student punching D.T.H. first, followed by retaliation.
In his report, Dr. Riedel emphasized that D.T.H. was "currently expressing no remorse" concerning the current offense. He further noted:
In general, [D.T.H.] does not suffer from any mental or emotional impairment and would thus not be a candidate for treatment for any of these disorder[s]. * * * Additionally, this juvenile is showing no remorse for any of these offenses which would not prognosticate in the direction of public safety if he were tried as a juvenile * * *. Even with extended jurisdiction [juvenile] the release could be made without any sign of positive response to treatment and the severity of the crimes and [D.T.H.'s] lack of remorse are serious impairments to this being a psychologically reasonable conclusion.
Dr. Riedel concluded that public safety required D.T.H. be tried as an adult.
The court found probable cause that D.T.H. had committed crimes alleged in the delinquency petition and granted the state's motion to certify D.T.H. as an adult.
Did the district court abuse its discretion in ordering certification to adult court?
A district court has "considerable latitude" in deciding whether to certify a case for adult prosecution. In re Welfare of J.L.B., 435 N.W.2d 595, 598 (Minn.App.1989), review denied (Minn. Mar. 17, 1989). Its decision will not be reversed "unless [the court's] findings are clearly erroneous so as to constitute an abuse of discretion." In re Welfare of T.L.J., 495 N.W.2d 237, 240 (Minn.App.1993).
A presumption of certification applies when a 16- or 17-year-old uses a firearm to commit specified offenses. See Minn.Stat. § 260.125, subd. 2a (1996) (). Because D.T.H. was only age 15 at the time of the offense, this presumption of certification does not apply.
In a nonpresumptive case such as this, the court may order certification if the state demonstrates "by clear and convincing evidence that retaining the proceeding in the juvenile court does not serve public safety." Minn.Stat. § 260.125, subd. 2(6)(ii) (1996). In making this determination, the court must consider the following factors:
(1) the seriousness of the alleged offense in terms of community protection, including the existence of any aggravating factors recognized by the sentencing guidelines, the use of a firearm, and the impact on any victim;
(2) the culpability of the child in committing the alleged offense * * *;
(3) the child's prior record of delinquency;
(4) the child's programming history;
(5) the adequacy of the punishment or programming available in the juvenile justice system; and
(6) the dispositional options available for the child.
Minn.Stat. § 260.125, subd. 2b. The court must give greater weight to the seriousness of the alleged offense and the child's prior record of delinquency. Id.
The only factor that does not support certification in this case is factor (4) (juvenile's programming history), because it is undisputed that D.T.H. has not participated in any programs. However, the state presented substantial evidence on the remaining five factors, all of which weigh in favor of certification and on which the district court made extensive findings:
Factor (1) (seriousness of the offense).
Certainly, there is no more serious threat to public or community safety than multiple murders with a firearm. Additional aggravating factors include the violence exhibited by the manner of the murders, which included shooting the victims multiple times, at close range, and leaving their bodies in a cornfield.
Factor (2) (culpability of the juvenile).
As the district court found, D.T.H.'s "level of participation in this offense, in planning and carrying it out, is at the highest level." Evidence was presented that D.T.H. planned to run away, told his friends of his plan, and acted alone. In addition, D.T.H. has exhibited no remorse for the murders, has demonstrated a total lack of conscience, and continues to attempt to shift responsibility for the deaths away from himself.
Factor (3) (prior record of delinquency).
D.T.H. has a prior record that includes a gross misdemeanor for crimes to another, criminal...
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