A teen who allegedly talked about accessing guns in school, causing the school to increase security and attendance to temporarily drop, may not be found delinquent because the statement itself was not a hazardous or physically offensive condition that created a risk of public inconvenience, the state Superior Court has ruled.
A unanimous, three-judge Superior Court panel reversed a trial court hearing in In re T.H. after finding that the evidence the lower court relied on was insufficient. The 16-year-old boy, who was only referred to in the unpublished memorandum opinion as T.H., had been adjudicated as delinquent on charges of disorderly conduct and making terroristic threats.
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