In re D.D. CA6

BACKGROUND

In February 2013, a petition was filed under section 602 alleging that the minor threatened a public employee (Pen. Code, § 71, subd. (a)(1), a felony). A contested jurisdictional hearing was held in August 2013. The sole witness to testify was the minor’s high school teacher at the time of the incident. The teacher testified that on December 4, 2012, he told the minor to stop talking to another student in class. The minor later resumed talking, which was disruptive to the class. The teacher asked the minor to step outside the classroom so the teacher and the minor could discuss the situation. The minor refused and stated that he was being treated like a little kid. The teacher informed the minor that he was going to have someone from the office escort him out of class. As the teacher walked to a telephone in the classroom, the minor told the teacher, among other things, that he was going to go to the teacher’s house and stab him. The teacher felt threatened and believed the minor could carry out the threat. The teacher had to stop instruction of the class to call the office and to wait for the minor to be escorted out of the class. Five days prior to the incident, the…