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In re the Appeal in Navajo County Juvenile Delinquency Action No. 89-J-099
Citations: 164 Ariz. 389; 793 P.2d 146; 61 Ariz. Adv. Rep. 68; 1990 Ariz. App. LEXIS 208Docket: No. 2 CA-JV 90-0004
Court: Court of Appeals of Arizona; May 31, 1990; Arizona; State Appellate Court
In an appeal regarding a delinquency adjudication, the minor contended that the juvenile court incorrectly determined beyond a reasonable doubt that he engaged in delinquent behavior by throwing a water balloon at a moving vehicle. The court affirmed the decision. The incident involved the 14-year-old minor, who, accompanied by his younger brother and two neighbors, initially threw water balloons at each other before targeting vehicles from an embankment near a highway. The minor threw a water balloon at a van containing two adults and two children, causing the driver to swerve to avoid impact. The driver subsequently apprehended the minor and contacted law enforcement. During testimony, the minor acknowledged that he expected the vehicle would swerve to avoid the balloon. Procedurally, the minor faced charges of criminal damage and reckless endangerment. The juvenile court entered a judgment of acquittal on the criminal damage charge but adjudicated the minor delinquent for endangerment. On appeal, the minor argued that the evidence did not sufficiently demonstrate that he acted with the requisite mental state of recklessness for endangerment, as defined under A.R.S. 13-1201. The statute specifies that a person commits endangerment by recklessly creating a substantial risk of imminent death or physical injury. Recklessness, per A.R.S. 13-105(6)(c), involves awareness and conscious disregard of a significant and unjustifiable risk that a result will occur. The court applied the reasoning from State v. Serrano, which requires proof that the conduct poses a considerable risk that constitutes a gross deviation from reasonable conduct and that the individual was aware of this risk. The court concluded that throwing water balloons at high-speed vehicles represents a gross deviation from acceptable behavior and that the minor's acknowledgment of the possibility of drivers swerving demonstrated his awareness of the risk. This action posed a significant danger to both the vehicle's occupants and others in the vicinity. Ultimately, the juvenile court's finding of delinquency was upheld. Judges Hathaway and Howard concurred with the decision.