State ex rel. Smith v. Hon. David J. Sims (Signed Opinion)
Annotate this CasePetitioner, the prosecuting attorney of Ohio County, West Virginia, filed a juvenile petition against J.Y., a twelve-year-old boy charged with possession of a deadly weapon on the premises of an educational facility. Specifically, J.Y. possessed the deadly weapon with the express intent to intimidate another student. The circuit court dismissed the petition, finding that J.Y. was not competent to stand trial and that the charged offense did not involve “an act of violence against a person.” Petitioner sought a writ of prohibition to prevent the circuit court judge from dismissing the juvenile petition, asserting that J.Y. was charged with an offense that involved “an act of violence against a person” within the meaning of W. Va. Code 27-6A-3 given the potential for harm to other students that existed as a result of J.Y.’s actions. The Supreme Court granted the requested writ, holding that J.Y.’s actions indicated that he posed a risk of physical harm and severe emotional and psychological harm to children, and therefore, J.Y. committed an offense involving an act of violence against a person within the meaning of section 27-6A-3.
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