In re V.T. CA6

I. FACTUAL BACKGROUND

On June 29, 2013, V.T. and his five-year-old sister were horse playing in their living room. The girl tripped and began crying. She falsely told her mother, who was in the kitchen, that V.T. had kicked her. Believing the girl, mother became angry. Mother’s anger and frustration was due, in part, to V.T.’s behavior leading up to the incident, including using marijuana and being disrespectful. Mother went into the living room and punched V.T. in the arm. She testified that she hit him once; he said that it was three or four punches. According to mother, V.T. then put her in a “headlock” that was “getting tight” when she elbowed him and he removed his arm from around her neck. Mother alternatively referred to V.T.’s conduct as a “choke hold.” V.T. testified that he attempted to grab his mother’s arms to make her stop punching him and, because she was moving, his arm became wrapped around her neck. After V.T. released his mother, he punched a hole in the wall as he walked out of the room. Mother called 911. She told the 911 operator that V.T. had not punched her but had pinned her down. The police arrived and took V.T. into custody.

II. PROCEDURAL…