In re Kane W. CA4/1

FACTS

In the morning on the day of the incident in question, Kane's truck was parked

next to the car of his classmate, Edward D., in their high school parking lot. Edward left

campus for lunch, and when he returned parked so that part of his car was sticking out of

the parking space. Later that day, Edward discovered a large dent on the fender of his

car. Edward saw two shoe marks on the fender, and saw no other damage on his vehicle.

The next day, Edward reported the damage to the school's police resource officer, Patrick

Fanene.

Fanene interviewed several students as part of his investigation. Some of the

students told Fanene that they saw Kane open his truck door into Edward's car several

times, causing damage. Another student, Cole T., said he saw Kane damage Edward's car

in the morning by kicking the front end.

All further statutory references are to the Penal Code unless otherwise specified. 2 Kane was arrested and charged with vandalism. At the adjudication hearing on the

charge, several witnesses testified that they saw Edward's car between the time of the

alleged kicking and when Edward discovered the damage. Those witnesses…