State Ex Rel. V.T.

Facts

On June 12, 1998, V.T. and two friends, “Moose” and Joey, went to a relative’s apartment to avoid being picked up by police for being out past curfew. The boys spend the night at the apartment. The next morning, the relative briefly left to run an errand while the boys stayed in her apartment. When she returned, the boys were gone and two of her guns were missing. She immediately started searching for the boys and found them hanging out together outside. She confronted them about the theft of her guns and demanded that they return them to her. When they failed to do so, she reported the theft to the police.

Two days later, she discovered that her camera was also missing. She reported this to the police as well. The police found the camera at a local pawn shop, where it had been pawned the same day the guns were stolen. On the camera was a video of V.T., Moose, and Joey. The tape included a segment where Moose telephoned a friend, in V.T.’s presence, and discussed pawning the stolen camcorder. V.T. never spoke or gestured during the video.

V.T. was arrested and found guilty of being an accomplice to the theft, pursuant to Utah’s accomplice liability statute.