In the Interest of P.G., Minor Child. P.G., Minor Child
16-1780
| Iowa Ct. App. | May 3, 2017Background
- February 12, 2016: P.G., then 17, assaulted E.C., threatened to keep hitting him until E.C. surrendered an Apple Watch worth $700; P.G. later admitted first-degree theft (Feb. incident) and tampering with a witness.
- April 1, 2016: At a party at B.A.’s home a small safe (≈16–18" cube) containing about $100,000 in items was taken; bedroom window broken from inside, safe apparently thrown out the window.
- Witness T.N. testified he heard a crash, saw a box on the ground, observed P.G. run out, pick up the box, and place it into a red Grand Am; O.R. admitted driving a red Grand Am and giving P.G. a ride but denied seeing a box in his car and admitted drinking.
- July 16, 2016: P.G. sent Snapchat messages/photos to T.N. stating “Snitches get stitches” and showing T.N.’s police statement; State charged P.G. with witness tampering for this conduct.
- September 1, 2016: P.G. admitted to the February theft and tampering; juvenile court adjudicated P.G. for the April 1 first-degree theft and placed him at the State Training School; P.G. appealed both adjudicatory and dispositional orders.
- Before this appeal concluded P.G. turned 18 and was discharged from the State Training School after completing a high‑school diploma.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that P.G. committed first‑degree theft on April 1 | P.G. argued the State failed to prove he took the safe: T.N. was unreliable (alleged intoxication); O.R. did not see a box in his car; no direct evidence P.G. possessed stolen items | State relied on T.N.’s eyewitness testimony, broken window and box at scene, P.G. seen placing box in a red car tied to him, and other circumstantial evidence | The court found the State proved theft beyond a reasonable doubt, crediting T.N.’s testimony as most compelling and affirming adjudication |
| Placement at State Training School | P.G. argued removal from home and placement at the State Training School was unnecessary and disproportionate given his history | State argued placement was appropriate; later noted issue became moot after discharge | Court declined to decide on merits because issue was moot—P.G. was discharged and no justiciable controversy remained |
Key Cases Cited
- In re J.D.F., 553 N.W.2d 585 (Iowa 1996) (juvenile delinquency proceedings are ameliorative alternatives to criminal prosecution)
- In re S.M.D., 569 N.W.2d 609 (Iowa 1997) (juvenile delinquency proceedings reviewed de novo)
- In re A.K., 825 N.W.2d 46 (Iowa 2013) (State bears burden to prove delinquency beyond a reasonable doubt)
- In re D.S., 856 N.W.2d 348 (Iowa 2014) (court examines evidence de novo to determine statutory violation)
- In re J.K., 873 N.W.2d 289 (Iowa Ct. App. 2015) (juvenile court’s objective is the child’s best interests)
- In re B.B., 516 N.W.2d 874 (Iowa 1994) (an issue is moot if it no longer presents a justiciable controversy)
