In re Alex Y. CA1/3

BACKGROUND

On October 20, 2013, a report was made to the American Canyon Police Department that threatening statements were posted on Facebook under Alex’s name. Napa County Sheriff’s Deputy Kenneth Vandyke responded. The caller, who wished to

1 remain anonymous, e-mailed the posts to Deputy Vandyke. The first said, “Im going to shoot up an elementary school and eat the children’s still beating hearts[.]” The second, posted about seven and a half hours later, said “Im gonna shoot up the elementary school tomorrow” (Sic.) and “Oh boy I cant wait for the nsa to arrive at my doorstep with a warrent[.]”(Sic.) Deputy Vandyke contacted Alex Y. at his home, told him he was under arrest for criminal threats, and asked if the Facebook posts were his. Alex admitted they were, but said he made them “as a joke. He saw another person was recently arrested for the same thing.” He did not seem surprised that the police came to his home. A search of Alex’s bedroom produced several Airsoft replica rifles,1 a helmet, and a tactical vest. The People filed a juvenile wardship petition alleging two felony counts of attempt to threaten to commit a crime resulting in death or bodily injury and two…