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Children and Juvenile Law, Keyed to Feld, 6th Ed.
In re Tyvonne
Citation:
558 A.2d 661 (1989)Facts
On March 1, 1987, eight-year-old Tyvonne M. found a small pistol while playing in his school yard. He hid the pistol under papers in a hallway of his building. The following day, he took the pistol to school and placed it by a fence. He told another child about the pistol, and several children, including the victim, heard about it. The victim challenged Tyvonne, saying she thought the pistol was fake. After school, Tyvonne and the victim argued over whether the gun was real. When the victim said, “Shoot me, shoot me,” Tyvonne responded, “I’ll show you it’s real.” He pointed the pistol at the victim, pulled the trigger, and fired one shot, which struck and injured her. Tyvonne then swore at the victim, shouted that he had been telling the truth, and ran away. He was soon apprehended and taken into police custody. The state filed a petition alleging five counts of delinquent behavior, and after a hearing, the trial court adjudicated Tyvonne delinquent based on assault in the second degree and committed him to DCYS for up to four years.
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