In re Oscar S. CA3

BACKGROUND

Thomas Dickey lived across the street from the yard of Bob’s Towing. One night in August 2011 he was awakened by his dogs barking. He looked out his window and saw two males doing something at the Bob’s Towing fence. One male was a thinly built Hispanic and the other had a thicker build. Dickey could not see their faces or anything in their hands. He called 911. As he continued to watch, it appeared one person came through the fence. Dickey believed they were breaking into the tow yard. Deputy Justin Millmore was dispatched to the scene. The only person he saw in the area was the minor as he was walking from the area of Bob’s Towing. Deputy Millmore asked what the minor was doing and the minor answered he was showing a friend a car at the tow yard. Deputy Millmore asked the minor if he was inside the yard looking at the car and the minor answered “Well, kind of.” Deputy Millmore then detained the minor in the patrol car. Deputy Millmore inspected the entrance to the tow yard and found two holes in the surrounding fences. The holes were cut large enough for someone to duck into, approximately three to four feet. The holes appeared to have been caused by cutting the…