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J.R. v. State1/31/2003
No. 1850
On February 19, 1997, Evan Ramsey took a shotgun to Bethel Regional High School and murdered the principal, Ron Edwards, and a fellow student, Josh Palacios. After an extensive investigation, the State discovered evidence that J.R. taught Ramsey how to use the shotgun, urged Ramsey to carry out his plan to kill Edwards and Palacios, and urged others not to interfere with Ramsey's plan. The State filed a petition for an adjudication of delinquency against J.R. A jury ultimately convicted J.R. of two counts of murder in the second degree on the theory that J.R. had knowingly engaged in conduct manifesting an extreme indifference to the value of human life. J.R. appeals his convictions to this court. J.R. contends that the jury should have judged whether his conduct was reckless against the standard of a reasonable juvenile - i.e., a reasonable person of his age, intelligence, and experience under similar circumstances. He argues that Superior Court Judge Pro Tem Mark I. Wood erred in instructing the jury that it should measure J.R.'s conduct against the standard of a reasonable person - a reasonable adult. He contends that Judge Wood erred in refusing to allow him to argue that J.R.'s conduct was not reckless when compared to the conduct of a reasonable juvenile. We agree with J.R.'s contention that his conduct should be judged by asking whether it conformed to the conduct of a reasonable juvenile. We accordingly reverse his convictions.
To obtain a conviction for murder in the second degree under a theory that the defendant acted with a manifest indifference to the value of human life, the State must show that the defendant acted with extreme recklessness. The State's theory in J.R.'s case can be stated succinctly. Ramsey had a shotgun and talked about taking it to school to shoot people, including Edwards and Palacios. J.R. taught Ramsey how to operate the shotgun and encouraged Ramsey to follow through with his plan. J.R. also encouraged others not to interfere with Ramsey. The State contended that J.R.'s actions constituted second-degree murder under the theory that he had acted with extreme indifference to the value of human life and that this conduct was a cause of the deaths. J.R. contended that he believed that Ramsey was not serious about actually committing murder and that it was reasonable for him to conclude that Ramsey was just bragging and for him to respond in kind.
In general, the law requires a juvenile to meet the standard of care of a reasonable person of similar age, intelligence, and experience under the same circumstances. But Judge Wood reasoned that because J.R. was engaged in an activity that involved the use of a firearm, J.R.'s conduct constituted an adult activity. He concluded that he should instruct the jury that J.R. should be held to the standard of care of a reasonable adult.
The State relies on Ardinger v. Hummell, a civil case decided by the Alaska Supreme Court, in arguing that Judge Wood properly ruled that J.R.'s recklessness was to be judged against the standard of a reasonable adult. In Ardinger, fourteen-year-old Normandy Hummell took her mother's car without permission and allowed fifteen-year-old Joshua Van Bavel to drive the car. When Coast Guard Security Officers attempted to stop the car, Joshua sped away, lost control of the car, and collided with a utility pole, causing his death. Joshua's mother, Sherie Ardinger, both for herself and as a personal representative of her son's estate, sued Normandy and her mother on the theory that they had negligently allowed Joshua to operate the car, resulting in his death. The trial court rejected Ardinger's request to instruct the jury that because fourteen-yea
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