Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re I.M.

Court of Appeals of Iowa

May 2, 2018

IN THE INTEREST OF I.M., Minor Child, I.M., Minor Child, Appellant.

          Appeal from the Iowa District Court for Webster County, Angela L. Doyle, District Associate Judge.

         A minor child appeals the juvenile court's finding he committed the delinquent acts of attempted murder and going armed with intent.

          Derek J. Johnson of Johnson, Bonzer & Barnaby, P.L.C., Fort Dodge, for appellant.

          Thomas J. Miller, Attorney General, and Mary A. Triick, Assistant Attorney General, for appellee State.

          Considered by Vogel, P.J., and Doyle and Bower, JJ.

          BOWER, Judge.

         I.M. 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.

         I. Background Facts & Proceedings

         On 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.

         After 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.[1] 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."[2] 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.

         David 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.

         The 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 delinquent.

         II. Standard of Review

         "Juvenile 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.