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All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the
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NO. COA01-1152
NORTH CAROLINA COURT OF APPEALS
Filed: 6 August 2002
IN THE MATTER OF: BRANDON PINEAULT
Appeal by juvenile from orders entered 23 March 2001 by Judge
Spencer G. Key, Jr. in Stokes County District Court. Heard in the
Court of Appeals 11 June 2002.
Attorney General Roy A. Cooper, III, by Special Deputy
Attorney General Susan K. Nichols, for petitioner-appellee.
R. Michael Bruce for respondent-appellant.
HUNTER, Judge.
Brandon Pineault (respondent) was adjudicated delinquent in
the district court of Stokes County based upon violations of N.C.
Gen. Stat. § 14-127 (2001), prohibiting injury to real property,
and two counts of disorderly conduct in school pursuant to N.C.
Gen. Stat. § 14-288.4(a)(6) (2001). We affirm.
Evidence at trial tended to establish that on 6 February
2001, respondent was a student at Piney Grove Middle School.
Christine Carlson was the teacher at the time. On this day, Ms.
Carlson was teaching mapping skills when she heard respondent tell
another student, '[f]--k you.' Ms. Carlson escorted respondent
to the principal's office. On the way to the office, respondent
said, '[f]--k you, b---h.'
Ms. Carlson testified that on the following day, 7 February
2001, while she was on the phone with a parent, respondent began
arguing with another student. Ms. Carlson's teacher's assistantattempted to resolve the situation. At that time, Ms. Carlson
heard respondent say '[f]--k off, bastard' to the other student.
Ms. Carlson escorted respondent to the principal's office.
According to the testimony of Principal Roger Lee Tucker,
respondent was detained in the first aid room because he was acting
disorderly and the assistant principal and teachers were attempting
to calm him down. Mr. Tucker instructed respondent to enter his
office and respondent refused. Mr. Tucker then restrained
respondent by holding him by his trunk and pinning his arms down
to carry him into his office. While restrained, respondent began
kicking, and eventually kicked a door, pushing the doorstop through
the wall.
At the time of the hearing, respondent was thirteen years old.
At the close of the evidence, respondent moved to dismiss the
charges, which motion was denied. Respondent was given a curfew,
placed on probation for a period of twelve months, ordered to
undergo testing for alcohol and controlled substances, cooperate
with residential and non-residential treatment programs, perform up
to twenty hours of community service, submit to substance abuse
monitoring, and participate in a life and educational skills
program.
Respondent assigns four errors to the trial court's rulings:
(1) the trial court erred in denying respondent's motion to dismiss
the charge of injury to real property; (2) the charge of injury to
real property was not proven beyond a reasonable doubt; (3) the
trial court erred in denying respondent's motion to dismiss the twocharges of disorderly conduct; and (4) the trial court erred in
finding that the charges of disorderly conduct were proven beyond
a reasonable doubt.
I.
Respondent argues that the trial court erred in denying his
motion to dismiss the charge of injury to real property for lack of
sufficient evidence. Specifically, he asserts the State failed to
prove beyond a reasonable doubt that he willfully and wantonly
damaged the property. We disagree.
It is well-settled that in order to withstand a motion to
dismiss the charges contained in a juvenile petition, there must be
substantial evidence of each of the material elements of the
offense charged. In re Bass, 77 N.C. App. 110, 115, 334 S.E.2d
779, 782 (1985). The evidence must be considered in the light most
favorable to the State, and the State is entitled to receive every
reasonable inference of fact that may be drawn from the evidence.
State v. Easterling, 300 N.C. 594, 604, 268 S.E.2d 800, 807 (1980).
N.C. Gen. Stat. § 14-127 provides that [i]f any person shall
willfully and wantonly damage, injure or destroy any real property
whatsoever, either of a public or private nature, he shall be
guilty of a Class 1 misdemeanor. Id. Respondent, in his brief,
argues that there was no direct evidence of his intention to
purposely and deliberately kick the door. We find there was
sufficient evidence.
The term 'willful as used in criminal statutes means the
wrongful doing of an act without justification or excuse, or thecommission of an act purposely and deliberately in violation of the
law.' State v. Brackett, 306 N.C. 138, 142, 291 S.E.2d 660, 662
(1982) (citation omitted). 'Willfulness' is a state of mind which
is seldom capable of direct proof, but which must be inferred from
the circumstances of the particular case. State v. Davis, 86 N.C.
App. 25, 30, 356 S.E.2d 607, 610 (1987). Further, a person is
presumed to intend the natural and foreseeable consequences of his
unlawful acts. Id. at 30, 356 S.E.2d at 610.
Here, the State presented evidence that respondent was being
very belligerent, uncooperative, and disruptive. Respondent
kicked indiscriminately down the hall while being restrained. He
kicked the door with such force as to cause the doorstop to punch
a hole in the wall. Damage to the wall was a natural and
foreseeable consequence of respondent kicking wildly down the hall.
In viewing the evidence in the light most favorable to the State,
we find there was sufficient evidence that respondent willfully and
wantonly kicked the door which caused the damage. Therefore, we
conclude respondent's motion to dismiss was properly denied.
II.
Respondent next argues the trial court erred in finding the
offenses of disorderly conduct had been proven beyond a reasonable
doubt. We disagree. Respondent was charged with two counts of
disorderly conduct. The first count was based on his use of foul
language in the classroom on 6 February 2001; the second count
stems from his behavior in the classroom and first aid room on 7
February 2001. N.C. Gen. Stat. § 14-288.4(a)(6) prohibits the following:
(a) Disorderly conduct is a public
disturbance intentionally caused by any person
who:
. . .
(6) Disrupts, disturbs or interferes
with the teaching of students at any
public or private educational
institution or engages in conduct
which disturbs the peace, order or
discipline at any public or private
educational institution or on the
grounds adjacent thereto.
N.C. Gen. Stat. § 14-288.4(a)(6). Our Supreme Court has held that
the conduct must cause a substantial interference with, disruption
of and confusion of the operation of the school in its program of
instruction and training of students there enrolled.
State v.
Wiggins, 272 N.C. 147, 154, 158 S.E.2d 37, 42 (1967);
see also,
In
re Eller, 331 N.C. 714, 417 S.E.2d 479 (1992).
As to the first count, Ms. Carlson testified that while
teaching mapping skills to her class on 6 February 2001, she heard
respondent state, in a loud, angry voice, '[f]--k you.' Ms.
Carlson was required to stop teaching the class and escort
respondent to the principal's office. As Ms. Carlson escorted
respondent out of her classroom, he twice said to her, '[f]--k
you, b---h,' evincing a clear disrespect for her authority. While
the record does not indicate how long Ms. Carlson was away from the
classroom, it does establish that she escorted respondent to the
principal's office and explained to office staff what had happened,
thereby indicating she was away from the classroom for more than
several minutes. We hold, given the severity and nature ofrespondent's language, coupled with the fact that Ms. Carlson was
required to stop teaching her class for at least several minutes,
that respondent's actions substantially interfered with the
operation of Ms. Carlson's classroom in the manner contemplated in
Wiggins.
As to the second count of disorderly conduct, the State
presented evidence that respondent began arguing with another
student while Ms. Carlson was on the telephone talking to a parent.
He used profanity towards another student and was taken to the
principal's office. According to the testimony of the principal,
respondent was detained in the first aid room because he was being
disorderly and the assistant principal and the teachers w[ere] with
him trying to calm him down. Further, he testified that
respondent was being very belligerent, uncooperative with my
teachers, would not cooperate with me, would not come into my
office calmly, jerked away from me, pulled away, [and] was being
very disruptive. The extent of respondent's disruptive behavior
is further evidenced by the fact that respondent's conduct required
restraint by the principal. Moreover, his behavior required the
attention of several school officials including the principal,
teachers, and the assistant principal. As a consequence of
respondent's behavior, these officials stopped teaching and
performing various administrative duties to attend to him. Thus,
we conclude that the evidence, viewed in the light most favorable
to the State, was sufficient to establish that respondent's conductsubstantially interfered with the operation of the school.
(See footnote 1)
The
trial court did not err in determining that respondent's behavior
on both occasions constituted a violation of N.C. Gen. Stat. § 14-
288.4(a)(6).
Affirmed.
Judges GREENE and TIMMONS-GOODSON concur.
Footnote: 1 While this Court recently held that a student who talked
during a test, slammed a door, and begged a teacher in the hallway
that he not be sent to the office, causing the teacher to be away
from her classroom for several minutes did not amount to a
substantial interference with the operation of the school,
In re
Brown, ___ N.C. App. ___, ___, 562 S.E.2d 583, 586 (2002), this
case is distinguishable. In
Brown, the respondent's conduct
occurred during an examination and at the end of the examination,
not while the teacher was conducting class as in the case
sub
judice.
See id. at ___, 562 S.E.2d at 584. Moreover, in
Brown,
neither the respondent's language nor his behavior was as egregious
or severe as respondent's language in this case. Accordingly,
Brown is not controlling here.
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