In re J.S. CA6

I. FACTUAL BACKGROUND

A. Facts underlying Petition A Hector E., who was 73 years old at the time of trial, testified that on the morning of April 3, 2019, he was unloading groceries from the trunk of his Nissan Sentra when he saw “two kids across the street with hoodies walking up the street . . . .” As Hector was removing groceries from his car, he heard someone say “ ‘give me your keys to your car.’ ” Hector replied, “ ‘what?’ ” and the young man repeated, “give me the keys to

Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

2 [your] car.” The young man, who was wearing a black hoodie over a white t-shirt, “look[ed] a lot like” the minor. The young man, like the minor, had a “[r]eal light skin tone” and had a “similar” face. “[T]he other kid, he did not come across the street with him, he stayed over there on the other side.” Hector told the young man that he would not give him his keys. The young man then “pulled up his shirt and showed me his weapon,” which looked like a gun. Hector “told him that he was on camera” and indicated toward the camera, but the young man replied, “ ‘I don’t care.’ ” Hector replied that he “didn’t care if he had a gun, he was not…