IN THE INTEREST OF I.M., Minor Child, I.M., Minor Child, Appellant.
from the Iowa District Court for Webster County, Angela L.
Doyle, District Associate Judge.
child appeals the juvenile court's finding he committed
the delinquent acts of attempted murder and going armed with
J. Johnson of Johnson, Bonzer & Barnaby, P.L.C., Fort
Dodge, for appellant.
J. Miller, Attorney General, and Mary A. Triick, Assistant
Attorney General, for appellee State.
Considered by Vogel, P.J., and Doyle and Bower, JJ.
appeals the juvenile court's finding he committed the
delinquent acts of attempted murder and going armed with
intent. Upon our de novo review, we find the State has shown
beyond a reasonable doubt I.M. committed the delinquent acts
of attempted murder and going armed with intent. We affirm
the juvenile court's decision.
Background Facts & Proceedings
November 28, 2016, Robert Rivers Jr. was standing on the
front porch of the home of his mother, Sharon Altman, in Fort
Dodge when his nephew, I.M., who was then thirteen years old,
fired three shots at him with a .38 caliber revolver. One of
the bullets grazed Rivers's ear and another lodged in his
chest. Shortly after the shooting, Detective Larry Hedlund of
the Fort Dodge Police Department spoke to Rivers at the
hospital. Rivers told Detective Hedlund I.M. shot him.
shooting Rivers, I.M. ran to the home of J.K., where I.M.
stated he had gotten in a fight or argument with someone and
something bad happened. I.M. asked J.K. to get rid of a gun.
J.K. wrapped the gun in a shirt and hid it in his closet.
Officers later conducted a search of the home on an unrelated
matter and found the gun. After the gun was discovered, J.K. told
Detective Hedlund I.M. stated he had gotten into an argument
with Rivers about "half a blunt." J.K. also stated
I.M. told him he had shot Rivers. I.M. was wearing a black
sweatshirt when he came to J.K.'s home and was out of
breath from running.
Dutcher was working for the Fort Dodge Water Department near
Altman's home and heard three shots. He looked up and saw
two males arguing. One man, who was wearing a black
sweatshirt or hoodie, was standing on the sidewalk and then
ran to the north. Donovan McDonald, who was visiting
Altman's home that day, stated, "[T]he family was
arguing." He stated the shots were fired about
forty-five minutes after the argument. Officers retrieved two
bullets from Altman's porch. Analysis by the Iowa
Division of Criminal Investigation showed the .38 caliber
revolver found in J.K.'s closet fired the bullets found
at the crime scene.
State filed a petition alleging I.M. engaged in the
delinquent acts of attempted murder, in violation of Iowa
Code section 707.11(1) (2016), and going armed with intent,
in violation of section 708.8. At the hearing on the
petition, Rivers and J.K. testified they could not remember
anything about their conversations with Detective Hedlund.
The court heard recordings of the two being interviewed under
Iowa Rule of Evidence 5.803(5). The juvenile court concluded
I.M. committed the delinquent acts of attempted murder and
going armed with intent. He was placed in the State Training
School for Boys. I.M. appeals his adjudication as a juvenile
Standard of Review
delinquency proceedings are not criminal prosecutions, but
are special proceedings that serve as an ameliorative
alternative to the criminal prosecution of children."
In re J.D.F., 553 N.W.2d 585, 587 (Iowa 1996).
"Juvenile delinquency proceedings are reviewed de
novo." In re S.M.D., 569 N.W.2d 609, 610 (Iowa
1997). We give weight to the factual findings of the juvenile
court but are not bound by them. J.D.F., 553 N.W.2d
at 587. Our objective "is to ensure an ...