D.B. v. State
Docket: No. 71S05-9508-JV-978
Court: Indiana Supreme Court; December 19, 1995; Indiana; State Supreme Court
D.B., a fourteen-year-old, had an argument with J.R. on May 4, 1993. Two days later, D.B. approached J.R.'s home while J.R. was on the porch with friends and family. During a brief conversation, D.B. brandished a handgun and pointed it towards the porch, subsequently learning that the police had been called and leaving the scene. On October 7, 1993, the State filed a delinquency petition against D.B. in the St. Joseph Probate Court for carrying a handgun without a license and criminal recklessness. The trial court found D.B. delinquent on both counts. D.B. appealed, and the Court of Appeals affirmed the trial court's decision, stating that it was reasonable for the fact finder to infer that the gun was loaded and posed a substantial risk of bodily injury, despite the absence of the gun and evidence regarding its loading status. D.B. argues that this conclusion contradicts the precedent established in Warren v. State (1993), which ruled that pointing an unloaded gun does not create a substantial risk of bodily injury under Indiana's criminal recklessness statute. However, the case is similar to Al-Saud v. State (1995), where it was held that a firearm does not need to be loaded to create such a risk under the statute. The evidence presented showed a heated exchange between D.B. and J.R., with D.B. pointing the gun towards J.R. and his companions before leaving upon discovering that the police were contacted. The court concluded that the evidence constituted substantial probative value, allowing a reasonable fact finder to determine beyond a reasonable doubt that D.B.'s actions created a significant risk of bodily injury, thus affirming the trial court's ruling. The decision was supported by Chief Justice Shepard and Justices Dickson and Selby, with Justice DeBruler concurring in the result.