In re M.B. CA2/6

STATEMENT OF FACTS

On September 5, 2019, appellant and E.M. were students at Burbank Community Day School. Appellant was 14 years old and E.M. was in the 11th or 12th grade. E.M. was acquainted with appellant, who told her he had been expelled from his previous school for bullying behavior. During a break period that morning, E.M. sat at a table with a group of her friends. Appellant was sitting at the same table across from her. E.M. said hello to appellant and tried to give him a “high-five,” but he said “no” and pushed her hand away. Appellant mentioned a fellow student named Valerie, then laughed and told E.M. in a monotone voice that “[i]f I was going to shoot up the school, she would be first, and then it would be you, and then everybody else.” No one at the table laughed at the statement. E.M. was scared, nervous, and confused. She told appellant that she was not sure if he was joking, that he was making her nervous, and that she “would not like him to say things like that because they can be a real dangerous threat.” Appellant responded by repeating the statement in a more serious tone with his fists clenched. E.M. told appellant: “If you say anything like that again, I…