In re D.A. CA2/8

FACTS

The District Attorney filed a petition on March 1, 2013, alleging that D.A., then 17 years old, came within the provisions of Welfare and Institutions Code section 602. The petition alleged three counts of felony criminal threat, one count on February 16, 2012, and two counts on February 24, 2012 (Pen. Code, § 422, subd. (a)), and two misdemeanor vandalism counts (Pen. Code, § 594, subd. (a)) based on the same conduct. The minor denied the allegations. The incidents generating the petition occurred at Sierra Vista High School in Baldwin Park, where minor attended school. During the morning of February 16, 2012, security aide Gabriela Rodriguez discovered writing on the wall of a stall in the boys’ restroom near room 310. The writing was in blue ink, and said: “Columbine was theirs. V Tech was his. SV will be mine.” Restroom checks were done “very regularly,” and Ms. Rodriguez had checked the restroom earlier in the morning and found the stall clear of graffiti. She reported this to Officer Miedema, a Baldwin Park Unified School District police officer. Ms. Rodriguez does not report every act of graffiti, but she reported this one because of “[t]he nature of the writing, the…