In the Interest of B. S.

Evidence that the juvenile asked the victim for a cigarette, reached out to the victim's pocket and grabbed his jacket prior to shooting him supported the juvenile's delinquency adjudication for criminal attempt to commit robbery and aggravated assault.

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B. S. appeals from an order of the juvenile court in which he was adjudicated delinquent for criminal attempt to commit robbery, possession of a weapon during the commission of a crime, aggravated assault, possession of a firearm by a person under 18 years of age, and carrying a pistol without a license. He alleges the trial court erred in allowing into evidence a statement alleged to have been made by his brother. He also contends there was insufficient evidence to support the court’s adjudication. We find no error and affirm the juvenile court’s adjudication. Viewed in a light most favorable to support the court’s findings, the evidence showed that the victim was walking when B. S. asked him for a cigarette. The victim asked him to hold on a minute, but B. S. “reached at” the victim’s pocket and shot the victim. The victim identified B. S. in court as the person who shot him. The victim admitted that he could not identify B. S. immediately after his surgery because he had tubes in his lungs and was on medication, but stated that there was no doubt in his mind that B. S. was the individual who shot him. A witness testified that B. S. possessed a rusty revolver about a week before the shooting. Another witness testified that he owns a black Chevy Blazer and that he was in the area at the time of the shooting. According to the witness, B. S., his cousin, asked the witness to take him “somewhere right quick” after the shooting, so the witness drove B. S. a couple of streets away and dropped him off. A number of witnesses saw the man who shot the victim get into a black SUV and leave the scene of the shooting.

Kim Mathis testified that L. S., who is B. S.’s 15-year-old brother, was at her house. According to Mathis, L. S. received a text message and told her, “My brother just shot someone.” L. S. admitted he was at Mathis’ house, but denied receiving any text messages or calls from B. S. and denied telling Mathis anything about his brother shooting someone.

In the Interest of B. S.

Evidence that the juvenile asked the victim for a cigarette, reached out to the victim's pocket and grabbed his jacket prior to shooting him supported the juvenile's delinquency adjudication for criminal attempt to commit robbery and aggravated assault.

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