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In the Interest of M. D. L.

The juvenile's act of firing into an empty parked car at 4 a.m. did not constitute first degree criminal property damage, which requires proof of reckless endangerment.

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Following a bench trial in juvenile court, M. D. L. was adjudicated delinquent. He now appeals. Construed in favor of the judgment, and excluding inadmissible hearsay, the evidence shows the following: At about 2:30 a.m. on May 9, 2003, Rodney Renfroe was sitting on the porch of a house on Cooper Street in Sandersville, Washington County, talking to three friends when he saw four “gunmen” coming down the street. The men got as close as about 15 feet. Renfroe testified that the men drew their guns on him: he saw a rifle and a pistol. He testified that he was scared and ran inside. Renfroe called the police, who came almost immediately, questioned Renfroe, and left. Renfroe told the police that M. D. L., a person he previously knew, was one of the gunmen, all four of whom he identified for the police. Renfroe also identified M. D. L. in court.

The investigating officer then went to 609 Lime Street, the home of one of the other suspects, and knocked on the door. Someone locked the door but did not answer. On the front porch the officer saw and retrieved two .38 caliber unspent shells.

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