In Re CDH

C.D.H., Jr. appeals from an order of the juvenile court adjudging him to be a minor coming under the jurisdiction of the juvenile court, pursuant to Welfare and Institutions Code section 602, in that appellant violated Penal Code section 245 (assault with a deadly weapon) by shooting Keith Baldy with a .22 rifle.

On the evening of the shooting appellant, the victim Keith Baldy, and other juveniles, were amusing themselves with music, cards, and drink in a trailer house near the village of Hoopa. As the victim was washing his hands, appellant called out his name and then shot him in the back. Appellant had earlier declared his intention of getting a gun and shooting the others. He had been drinking; the victim testified that he therefore did not take this statement as an actual threat. A girl who was present had earlier picked up the rifle, worked the lever, looked into the chamber, and determined that the rifle was then not loaded. Just before the shooting appellant went to a nearby house where the victim's mother was and told her "that there was some disturbance over there." She followed appellant back to the trailer and saw the shooting. She testified,…