STATE OF NEW JERSEY IN THE INTEREST OF B.H.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6203-03T46203-03T4

_____________________________

STATE OF NEW JERSEY

IN THE INTEREST OF B.H.

______________________________

 

Submitted September 14, 2005 - Decided

Before Judges Wecker and Fuentes.

On appeal from the Superior Court of New

Jersey, Chancery Division, Family Part,

Cumberland County, FJ-06-1522-04 and

FJ 06-1523-04.

Yvonne Smith Segars, Public Defender,

attorney for appellant (William Welaj,

Designated Counsel, of counsel and on the

brief).

Ronald J. Casella, Cumberland County

Prosecutor, attorney for respondent

(Matthew M. Bingham, Assistant Prosecutor,

of counsel and on the brief).

PER CURIAM

After a bench trial, the juvenile, B.H., who was born on January 8, 1987, was adjudicated delinquent on March 16, 2004 on two charges. Each charge was based upon conduct that would constitute a fourth-degree offense if committed by an adult. On FJ-06-1523-04, B.H. was found to have spit on a Cumberland County Corrections officer, Moses Echevarria, on November 14, 2003, conduct defined by N.J.S.A. 2C:12-13 as an aggravated assault, "throwing bodily fluid at certain law enforcement officers." In that incident, which took place in the court holding area, the juvenile was upset and "acting out" after candy given to her by her attorney had been taken from her, apparently in accordance with corrections department rules. She spit several times at the officer, once after he put his hand on her back belt buckle to move her along, and the last time after the officer attempted to block the girl's mouth with her own arm.

On FJ-06-1522-04, B.H. was found to have hit a Division of Youth and Family Services youth worker, Faith Nichols, knocking her into a wall at the Vineland Residential Center, on January 10, 2004. That conduct is defined by N.J.S.A. 2C:12-1b(5)(e) as a fourth-degree aggravated assault. She was also found to have spit at that worker, hitting her in the eye, after the worker was called to the area to calm the juvenile and attempted to move her chair away from the door. B.H. received concurrent one-year terms in the custody of the Juvenile Justice Commission.

On appeal, B.H. presents these arguments:

POINT I

THERE WAS INSUFFICIENT EVIDENCE IN THE TRIAL RECORD TO SUPPORT THE TRIAL COURT'S CONCLUSION THAT THE JUVENILE WAS GUILTY OF FOURTH DEGREE AGGRAVATED ASSAULT ARISING OUT OF JUVENILE DELINQUENCY COMPLAINT NO. FJ-06-1522-04 OR FOURTH DEGREE AGGRAVATED ASSAULT ARISING OUT OF JUVENILE DELINQUENCY COMPLAINT NO. FJ-06-1523-04.

A. THERE WAS INSUFFICENT EVIDENCE TO SUPPORT THE TRIAL COURT'S DETERMINATION THAT B.H. WAS GUILTY OF FOURTH DEGREE AGGRAVATED ASSAULT UPON OFFICER MOSES ECHEVARRIA ARISING OUT OF JUVENILE DELINQUENCY COMPLAINT NO. FJ-06-1523-04.

B. THERE WAS INSUFFICENT EVIDENCE TO SUPPORT THE TRIAL COURT'S DETERMINATION THAT B.H. WAS GUILTY OF FOURTH DEGREE AGGRAVATED ASSAULT UPON FAITH NICHOLS ARISING OUT OF JUVENILE DELINQUENCY COMPLAINT NO. FJ-06-1522-04.

Based upon our careful review of the record, we are convinced that there was sufficient credible evidence to support both adjudications, as well as the disposition. See State v. Locurto, 157 N.J. 463, (1999); State v. Johnson, 42 N.J. 146 (1964). We add only these brief comments.

B.H. was removed from her mother's custody at age eleven, and between that time and the date of this trial, she was in more different placements than any child should have to endure. On the other hand, the record reveals a pattern of disruptive conduct that may explain the failure of each placement, but likely reflects as well the child's frustration and unhappiness.

At this point, B.H. has reached the age of majority, and we assume that she is no longer in custody. Her own testimony at the disposition of these charges, more than a year after the incidents involved, showed growth and self-understanding that we hope has continued.

THE DEFENDANT: It's just that I've been getting my levels at the Center, and I've been doing better. And I'm mature enough to know now, even though the incidents that happened at Vineland Residential was it was something that because their hands was placed on me and I made stupid choices. But I'm smart enough to know not to mess up because I finally realized how important it is now.

I mean like people keep putting it on me like it's all my fault. But I shouldn't hit anyone. I know that.

 
We can only hope that B.H. will continue in her progress toward a responsible adulthood, and that her juvenile record will be her last involvement with the law.

Affirmed.

The order of adjudication was actually entered on April 26, 2004.

The charge was amended from N.J.S.A. 2C:12-1b(5)(d) in accordance with the evidence and without objection.

(continued)

(continued)

4

A-6203-03T4

RECORD IMPOUNDED

September 28, 2005