Juvenile

I. Factual and Procedural History

The juvenile appellant in this case, to whom we will refer as T.J.S., was charged, along with a co-defendant, with first degree murder by Information. The charge against T.J.S. arises from events occurring on June 18, 2004 on the Rocky Boy’s Indian Reservation near Box Elder, Montana. The details of that day’s events are, of course, in dispute.

The government’s account is as follows. T.J.S., who was 15 years old at the time, was drinking alcohol with three of his UNITED STATES v. JUVENILE 6947 friends on the evening of June 18, 2004 when one member of the group suggested they go pick up Alton Alexander so he could buy beer for the group. T.J.S. rejected that idea, expressing some disdain for Alexander as a “rat” because Alexander had recently foiled an attempt by T.J.S. and others to steal a car. Later in the evening, T.J.S. obtained a length of pipe and suggested beating up Alexander. T.J.S. and the other boys were also carrying knives. The group went to Alexan- der’s house and invited him to go drinking with them, which he agreed to do. The four boys drove Alexander to a nearby dump site. While they were in the car,…