In re Robert M. CA2/2

FACTS

On February 25, 2012, at about 8:35 p.m., California Highway Patrol Officer Dylan Youngblood saw four minors spray painting the walls of a building in a railroad yard. At one point, appellant was lifted up so he could reach higher on the building. The minors walked away and Officer Youngblood ordered them to stop and get on the ground. They ran away, but three of them eventually stopped. Appellant kept running and was caught by California Highway Patrol Sergeant Tannon Brown, who had responded to the scene. Appellant had “a lot” of paint on his hands—in white, black and blue—as did the other three minors. The spray paint on the walls was wet to the touch. Spray paint on nearby boxcars was dry, and it was unknown when they had been tagged.1 Officer Youngblood interviewed all four minors at the police station. One of the minors said his moniker was “Aker” and that he was a member of the “TC” “tagging

1 The amended petition alleged an offense date between August 1, 2011, and February 25, 2012.

2 crew.”2 He admitted putting his moniker on the walls and said he had put his moniker on the boxcars “a few months back or a couple weeks back.” Another minor said his moniker was…