Welfare of J.L.B., Matter of, C4-88-1251

• Decision Date: 14 February 1989
• Docket Number: No. C4-88-1251,C4-88-1251
• Parties: In the Matter of the WELFARE OF J.L.B., Child.
• Court: Minnesota Court of Appeals

Page 595

435 N.W.2d 595

In the Matter of the WELFARE OF J.L.B., Child.

No. C4-88-1251.

Court of Appeals of Minnesota.

Feb. 14, 1989.

Review Denied March 17, 1989.

Syllabus by the Court

The trial court did not abuse its discretion in determining that the juvenile should be referred to adult court for prosecution.

The record contains sufficient evidence to support the trial court's findings.

C. Paul Jones, State Public Defender, Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant.

Alan L. Mitchell, St. Louis Co. Atty., Gordon P. Coldagelli, Asst. Co. Atty., Virginia, for respondent.

Considered and decided by FORSBERG, P.J., and CRIPPEN and NORTON, JJ., without oral argument.

OPINION

NORTON, Judge.

J.L.B. appeals from an order of the St. Louis County District Court, Juvenile Division, referring him for adult prosecution on charges of second degree murder, or in the alternative aiding a suicide, and murder of an unborn child. The trial court found that the state proved by clear and convincing evidence in the totality of the circumstances that the public safety is not served by retaining J.L.B. in the juvenile system. We affirm.

FACTS

J.L.B. is charged with one count of second degree murder, an alternative count of aiding a suicide, and murder of an unborn child in connection with the death of his girlfriend, R.C. R.C. was approximately six and one-half months pregnant at the time of her death. J.L.B. was then seventeen years and two months old. J.L.B. turned nineteen on January 28, 1989.

On the night of April 9, 1987, the St. Louis County Sheriff's Office received a telephone call from Father Brian Schultz, a local Catholic priest. Schultz reported a telephone call from an anonymous teenage caller who stated that his girlfriend had shot herself in the woods that afternoon. The caller told Schultz that he hid the body and walked home. Approximately four hours later, the sheriff's office received a call from R.C.'s father, reporting that his 18-year-old daughter was missing. R.C.'s father stated that R.C. had been having problems with her boyfriend, J.L.B., and that J.L.B. had been evasive when R.C.'s father questioned him earlier that evening. R.C.'s father telephoned the sheriff's office again about an hour later and reported that R.C. had told her grandmother that she was pregnant and that J.L.B. was the father of her child.

The sheriff's office obtained a search warrant for J.L.B.'s home, and received permission from J.L.B.'s mother to question him. J.L.B. waived his Miranda rights. According to J.L.B., he had spoken by telephone with R.C. after school, and they agreed to meet at their regular place in the woods between their homes. J.L.B. waited an hour, but R.C. did not show up. When the sheriff's officer confronted J.L.B. with the telephone call to Schultz, J.L.B. asked if he could "start all over again." J.L.B. then related his account of R.C.'s death. According to J.L.B., R.C. asked him to meet her and to bring a gun to the meeting. J.L.B. brought a Ruger .44 magnum rifle and ammunition with him. J.L.B. and R.C. talked together, and R.C. said they should shoot themselves. J.L.B., who did not want to commit suicide, loaded the gun and R.C. placed it in her mouth. They continued talking for approximately fifteen minutes. R.C. asked J.L.B. to "help her" by counting to three. J.L.B. counted to three, and when R.C. did not do anything, he turned and began walking away. J.L.B. heard a "noise" and realized R.C. had shot herself. He became frightened and dragged her body into a wooded area where he hid it. J.L.B. returned home through the woods. When he got home, J.L.B. changed clothes and washed his hands and arms. He pried a jammed shell out of the gun and threw away two live rounds in the woods behind his home. J.L.B. then cleaned the gun with WD-40.

J.L.B. stated that he and R.C. had discussed R.C.'s pregnancy while at the meeting place. J.L.B. maintained that he was not the father of her child and had never had intercourse with her. J.L.B. led sheriff's deputies to the meeting place in the woods where they located R.C.'s body.

Tests performed during the ensuing investigation revealed that R.C. was killed by a large caliber gunshot wound; that the gun had been in her mouth or in close proximity to her mouth at the time it was fired; that she was approximately six to six and one-half months pregnant; that the fetus died as a result of asphyxiation secondary to maternal death; that the likelihood of J.L.B.'s paternity was 99.132; and appellant was a possible source of semen found in a vaginal swab taken from R.C.'s body and on the panties which she had been wearing at the time of her death. The sheriff's office conducted an extensive investigation, including numerous interviews.

On April 1, 1988, a delinquency petition and motion for reference to adult court were filed. A reference hearing was held on May 17-18, 1988, following a court ordered reference study and psychological examination. Several people testified at the hearing, including Jean Specht, the probation officer who conducted the reference study; Dr. Olmsted, the psychologist who performed the court ordered examination; Mr. McAllister, a psychologist, and Dr. Roberts, a psychiatrist, both of whom counseled J.L.B.; and several friends or relatives of R.C. and J.L.B.

Both McAllister and Roberts diagnosed J.L.B. as having a schizoid personality disorder. Olmsted stated that his observations could be consistent with this diagnosis. McAllister characterized schizoid personality disorder as a pervasive pattern of indifference to social relationships including a sense of detachment and alienation and a sense of passivity. J.L.B.'s experts stated that although outpatient psychotherapy could help J.L.B., he does not have a mental illness, and that many people with schizoid personality disorder do not seek treatment because they are able to function in a limited capacity. Roberts opined that J.L.B. is not a danger to society, and that if J.L.B. received weekly treatment for twelve months, he would be much more "socially adaptive." McAllister could not predict how long it would take to effectively treat J.L.B. Olmsted stated that treatment for this disorder is usually long-term, and in his opinion it was doubtful that someone could be satisfactorily treated in a one-year period.

There was also testimony that R.C. told a friend and the school guidance counselor that she was afraid J.L.B. might hurt her, and that she was concerned for the welfare of her baby.

The trial court granted the motion for reference, finding that the public safety is not served by retaining J.L.B. in the juvenile system.

ISSUE

Did the trial court err in granting the state's motion for reference to adult court?

ANALYSIS

A juvenile court has considerable latitude in determining if certification for adult prosecution will be made. Its decision will not be upset unless its findings are clearly erroneous so as to constitute an abuse of discretion. In re Welfare of I.Q.S., 309 Minn. 78, 86-87, 244 N.W.2d 30, 38 (1976).

In order to refer a child for adult prosecution, the trial court must find (1) probable cause to believe the child committed the offenses alleged in the delinquency petition and (2) a demonstration by clear and convincing evidence that the child is not suitable to treatment or that the public safety is not served under the provisions of law relating to juvenile courts. Minn.Stat. § 260.125, subd. 2 (1988); Matter of Welfare of D.F.B., 433 N.W.2d 79, 81 (Minn.1988). For purposes of the reference hearing, the charges against the juvenile are presumed to be true. In re Welfare of W.J.R., 264 N.W.2d 391, 393 (Minn.1978).

A prima facie case that the public safety is not served or that the child is not suitable for treatment is established if the child was at least sixteen years old at the time of the alleged offense, and:

(1) Is alleged by delinquency petition to have committed an aggravated felony against the person and (a) in committing the offense, the child acted with particular cruelty or disregard for the life or safety of another; * * *

Minn.Stat. § 260.125, subd. 3 (1988).

We agree with the trial court that a prima facie case was established. J.L.B. is alleged to have committed second degree murder; he was over sixteen years old at the time; and allegations in the petition indicate that the offenses were committed with particular cruelty and disregard for the life of R.C. and her unborn child.

A prima facie case may be rebutted by significant evidence that the juvenile is suitable for treatment or that public safety is served under the provisions of laws relative to juvenile courts. There is no necessity to prove both these elements. Matter of Welfare of T.R.C., 398 N.W.2d 662, 665 (Minn.Ct.App.1987) (citing Matter of Welfare of Haaland, 346 N.W.2d 190, 193 (Minn.Ct.App.1984)). "Significant evidence" is the same as substantial evidence, and the quantum of evidence required to rebut a prima facie case in a reference hearing is the same as in other civil matters. D.F.B., 433 N.W.2d at 81.

The trial court determined that J.L.B. presented significant evidence to rebut the prima facie case. We agree. Expert witnesses testified that J.L.B. has a schizoid personality disorder; that he is immature, not at all violent, and does not pose a threat to others; and that he is suitable for treatment. This testimony is sufficient to rebut the presumption in favor of reference. See D.F.B., 433 N.W.2d at 81.

If the prima facie case is rebutted, the court considers the totality of the circumstances, which includes, but is not limited to, the factors listed in subdivision 2 of Minn.R.Juv.Cts. 32.05. These factors are:

(a) the seriousness of the offense in terms of community protection,

(b) the circumstances surrounding the offense,

(c) whether the offense was committed in an aggressive, violent, premeditated or willful manner,

(d) whether the offense...