State v. Horton, A-21-1010

Background

On August 28, 2021, then-16-year-old Landon Horton allegedly approached a residence with two others and fired a handgun; one person (Jacob E.) was shot in the shoulder. Horton was charged in district court with 15 counts including attempted first-degree murder, multiple firearm-enhancements, assault, and terroristic threats.
Horton moved to transfer the criminal case to juvenile court; a transfer hearing was held November 12, 2021. The State introduced surveillance video, gunshot-residue testing, a prior police report documenting related June 2021 confrontations, and juvenile-probation testimony about public-safety risk.
Evaluations (Dr. Stermensky and a certified substance counselor) showed moderate substance-use disorders and anxiety; counselors recommended structured/residential treatment; juvenile-probation testimony acknowledged juvenile services exist but noted time limits of juvenile jurisdiction (generally until age 19).
The district court found a sound basis to retain the case in adult court, emphasizing the violent, premeditated nature of the offense, escalation of Horton’s conduct despite prior juvenile interventions, drug use, and public-safety concerns, including the likelihood Horton would need supervision beyond minority.
Horton appealed the denial of transfer, arguing the court improperly privileged public-security concerns over his rehabilitative needs and mischaracterized his history and the burden of proof.
The Nebraska Court of Appeals affirmed, holding the district court did not abuse its discretion in weighing the § 43-276 factors and retaining jurisdiction in adult court.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court abused its discretion by denying transfer to juvenile court under § 29-1816 and § 43-276 factors	Horton: Court over-weighted public safety, failed to give adequate weight to rehabilitation and available juvenile treatment, mischaracterized his record, and shifted burden to him	State: Evidence (video, GSR, prior related violence, escalating conduct, substance use, limited juvenile time) supported retention for public and societal security	Court of Appeals: Affirmed — no abuse of discretion; district court’s balancing of § 43-276 factors and public-safety concerns was reasonable

Key Cases Cited

State v. Hunt, 299 Neb. 573, 909 N.W.2d 363 (abuse-of-discretion review of transfer denial)
State v. Stevens, 290 Neb. 460, 860 N.W.2d 717 (balancing public protection/societal security against juvenile rehabilitation)
State v. Leroux, 26 Neb. App. 76, 916 N.W.2d 903 (discussing consequences and balancing in transfer decisions)
State v. Esai P., 28 Neb. App. 226, 942 N.W.2d 416 (prior transfer precedent confirming no required arithmetic weighting of factors)