E.B. v. State of Indiana
89 N.E.3d 1087
| Ind. Ct. App. | 2017Background
- In Feb 2017, 15-year-old E.B., a Lawrence County high‑school student, sent texts instructing peers to "wear red" and hide under desks when certain music played; he told J.B. to share the instructions with those he cared about.
- E.B.’s sister overheard him on the phone saying he would bring a gun to school and shoot Assistant Principal Tanksley because he didn’t like him.
- School staff learned of the texts and the sister’s statement; school administrators and police investigated, leading to a parental-consent search of E.B.’s bedroom.
- Officers found a handwritten “Checklist for Project . . . School Shooting” naming Tanksley and listing weapons and targets, plus ammunition, a holster, and a tactical vest; E.B. admitted writing the document and instructing others to wear red.
- The State filed a juvenile delinquency petition alleging two counts of intimidation (both Level 6 felonies if committed by an adult): Specification One (threat against Tanksley) and Specification Two (interfering with school occupancy). The juvenile court adjudicated both claims delinquent; E.B. appealed.
Issues
| Issue | State's Argument | E.B.'s Argument | Held |
|---|---|---|---|
| Whether E.B. communicated a threat to Tanksley (Specification One) | Sister’s overhearing of E.B.’s phone statement sufficed to show communication of a threat to Tanksley | E.B. did not communicate the threat to Tanksley and had no reason to believe Tanksley would hear the private phone call | Reversed — insufficient evidence that E.B. communicated a threat to Tanksley |
| Whether E.B. communicated a threat intended to interfere with school occupancy (Specification Two) | Texts to J.B., direction to spread the red‑shirt signal, resulting spread among students, absentee surge, and discovery of the attack plan show intent to disrupt occupancy | E.B. lacked intent to interfere with occupancy and lacked means to carry out shooting | Affirmed — sufficient evidence of intimidation by interfering with school occupancy |
Key Cases Cited
- Ajabu v. State, 677 N.E.2d 1035 (Ind. Ct. App. 1997) (statements to third parties can constitute communication of a threat when defendant knew or had reason to believe victim would learn of them)
- S.D. v. State, 847 N.E.2d 255 (Ind. Ct. App. 2006) (threats made to others about an absent victim can be treated as communicated when defendant could expect the victim to learn of them)
- Newell v. State, 7 N.E.3d 367 (Ind. Ct. App. 2014) (objective inquiry whether a statement is a threat; intent may be inferred from circumstances)
- J.T. v. State, 718 N.E.2d 1119 (Ind. Ct. App. 1999) (reversal where juvenile’s private act produced no evidence she knew the victim would learn of the threat)