Andrews, Judge. A delinquent petition filed in the Juvenile Court alleged that R. P. (the child) committed delinquent acts of theft by receiving stolen property and obstruction of a law enforcement officer. Prior to adjudication, the Juvenile Court considered pursuant to Jackson v. Denno, 378 U.S. 368 (84 SCt 1774, 12 LE2d 908) (1964) whether statements made by the child during custodial interrogation were voluntary and admissible in evidence. The Court ruled that statements made by the child, which supported allegations in the petition, were inadmissible as evidence because they were not voluntary and were made in violation of the child’s right to remain silent under Miranda v. Arizona, 384 U.S. 436 (86 SCt 1602, 16 LE2d 694) (1966). Pursuant to OCGA § 5-7-1 (a) (4), the State appeals from the order excluding the evidence. For the reasons that follow, we reverse.The video recording of the police detective’s custodial interrogation of the thirteen-year-old child provided uncontradicted proof of the relevant facts. After viewing the video, the Juvenile Court found the following facts: The police detective read the child his rights under Miranda (including the right to remain silent), and then asked the child, “Understanding what I just told you, do you want to speak to me?” The child responded, “No.” The detective then said, “No? You said no, right?” And the child immediately responded, “Yeah, I’ll speak to you.” The video shows that, after the child said, “Yeah, I’ll speak to you,” the detective continued the interview by questioning the child, and the child made the statements at issue. On these facts, the Juvenile Court ruled that the child asserted his Miranda right to remain silent by saying “No,” and that the detective’s duty to “scrupulously honor” the assertion of this right required that the interview be immediately terminated at that point. Accordingly, the Juvenile Court found that any statements made by the child after saying “No” were involuntary and inadmissible. Whether a defendant waives his rights under Miranda v. Arizona, [supra], and makes a voluntary and knowing statement depends on the totality of the circumstances. In ruling on the admissibility of an incustody statement [pursuant to Jackson v. Denno, supra,] a trial court must determine whether a preponderance of the evidence demonstrates that the statement was made freely and voluntarily. Unless clearly erroneous, we accept the trial court’s factual findings and credibility determinations relating to the admissibility of the defendant’s statement. When controlling facts discernible from a videotape are not disputed, our standard of review is de novo.
