State ex rel. S.B.
State ex rel. S.B.
Opinion of the Court
The opinion of the court was delivered by
S.B., a juvenile, appeals from two adjudications of delinquency for offenses that would constitute aggravated assault under N.J.S.A. 2C:12-1(b)(5)(d) if committed as an adult. He also appeals from the imposition of a probationary sentence. We affirm in part, and modify in part.
Specifically, S.B. was charged with assaulting four teachers, Graham Hall, Nicholas Yates, John Schilling, and David Vignola, who had intervened to attempt to break up a fight between S.B. and another student. At the end of the State’s case, the trial judge granted defendant’s motion to dismiss the charge relating to Yates. At the conclusion of the trial, the judge found S.B. not guilty of assaulting Schilling, but found him guilty of assaulting Hall and Vignola. The judge sentenced S.B. to a one-year term of probation, and also imposed the appropriate statutory penalties and assessments.
According to the State’s proofs, S.B. was a student at Monongahela Middle School in Deptford Township. On October 19,1998, the students at the school were dismissed early due to a water main break. Hall, Schilling, and Maryann Brown, another teacher, were walking out of the school. Hall heard Brown say that there was a fight. The fight was between S.B. and another student. Hall and Schilling ran to the fight and separated the combatants.
Hall testified that he grabbed the other student, T.D., and attempted to separate him from S.B. who was being held by Schilling. Hall was looking back over his shoulder and observed S.B. “coming back towards [T.D.] and that’s when I was kicked in the left leg” by S.B. He said he felt the impact of the kick, but
S.B. continued to be aggressive. Vignola then came to Schilling’s assistance. Ultimately, Yates, Vignola, and Schilling were able to move S.B. towards the entrance to the school. They took S.B. to the main office. S.B. again became aggressive and was shouting at Vignola. Vignola attempted to calm S.B. down. According to Schilling, S.B. “grabbed a hold of [a] picture to try to hit Mr. Vignola”.
Vignola testified that he and Schilling attempted to separate S.B. from T.D., and they were able to escort S.B. into the building. He said S.B. “was still fighting and struggling to get away”. They proceeded to the main office. According to Vignola, S.B. “erupted again”. Vignola said S.B. “jumped up into my face and pushed me, and I put my hands up to stop him and pushed him away”. He and Schilling attempted to put S.B. into a chair and S.B. grabbed a picture from the wall and attempted to “swing it around”. Vignola said Schilling “intercepted [S.B.’s] hand before he hit me in the head with the picture, and the picture went flying”.
On this appeal, S.B. raises the following arguments:
*241 POINT I THE ADJUDICATION OF DELINQUENCY MUST BE REVERSED BECAUSE THE EVIDENCE DOES NOT SUPPORT A FINDING THAT THE JUVENILE COMMITTED AGGRAVATED ASSAULT.
POINT II THE FAMILY COURT JUDGE ERRED BY NOT ADJOURNING THE DISPOSITION OF S.B.’S CASE FOR 12 MONTHS PURSUANT TO N.J.S.A 2A:4A-43b(1).
Initially, we point out that our scope of appellate review of the factual determinations of the trial judge is extremely narrow. We must review the record not from the point of how we would decide the matter if we were the trial judge. State v. Locurto, 157 N.J. 463, 471, 724 A.2d 234 (1999); State v. Johnson, 42 N.J. 146, 161, 199 A.2d 809 (1964). We must give deference to those findings of the trial judge which are substantially influenced by his or her opportunity to hear and see the witnesses and have the “feel” of the case, which we do not enjoy upon appellate review. Ibid. Thus, we must determine whether the findings made could reasonably have been reached on sufficient credible evidence present in the record as a whole. Locurto, supra, 157 N.J. at 471, 724 A.2d 234; Johnson, supra, 42 N.J. at 162, 199 A.2d 809. If we are satisfied that the findings and result meet this criterion, our task is complete, and we may not disturb the result, even though we may feel we may have reached a different conclusion. Ibid. Only if we are thoroughly satisfied that the finding is clearly a mistaken one and so plainly unwarranted that the interest of justice demand intervention and correction may we appraise the record as if we are deciding the matter at inception and make our own findings and conclusions. Ibid. On the other hand, a trial judge’s interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference. Manarlapan Realty v. Township Comm., 140 N.J. 366, 378, 658 A.2d 1230 (1995); Zahner v. Pathmark Stores, Inc., 321 N.J.Super. 471, 476, 729 A.2d 478 (App.Div. 1999); S.P. v. Collier High Sch., 319 N.J.Super. 452, 466, 725 A.2d 1142 (App.Div. 1999). In that context, we review S.B.’s contention that the record does not contain sufficient credible evidence to support the trial judge’s determination that he committed an aggravated assault on Hall or Vignola.
We next consider the adjudication regarding S.B.’s kicking Hall. The judge was satisfied that S.B. intended to kick the other student, but, since he actually kicked Hall, he “could be considered reckless”. Again, giving substantial deference to the factual determinations made by the judge, we conclude that the record supports the judge’s factual conclusion that S.B. committed a simple assault upon Hall. However, we disagree with the judge’s legal conclusion that the simple assault was elevated to aggravated assault by virtue of Hall’s status as a teacher.
We recognize that the evidence led to the inescapable conclusion that S.B. intended to kick the other juvenile, rather than Hall, and the judge so found. Regarding the charge of simple assault, which is a predicate to a finding of guilt of
We now turn to S.B.’s contention that there was insufficient evidence to support a finding, beyond a reasonable doubt, that Hall suffered bodily injury. We disagree. Hall testified that S.B. kicked him in the calf. He conceded that he suffered no abrasions. When asked if he suffered any injuries, the following colloquy ensued:
*244 Hall: No. No. But I mean, it was—I could feel it. It was—
Defense Attorney: Was it painful?
Hall: Not particularly, no. Because at the same time I was still moving.
On cross-examination, Hall stated he “could still feel the kick” that he “felt the impact of the kick, but [was not] in any particular pain”. On cross-examination, Vignola stated that after he was kicked, Hall “went down and grabbed his leg”. The term “pain” is difficult to quantify. It is defined in Webster’s Ninth New Collegiate Dictionary 846 (9th ed. 1984), as “localized physical suffering associated with a bodily disorder (as a disease or an injury).” Initially, we note that Hall did not say he did not suffer pain. He said “it was not particularly painful” (emphasis added). Not much is required to show bodily injury. N.B. v. T.B., 297 N.J.Super. 35, 43, 687 A.2d 766 (App.Div. 1997). A “stinging sensation” suffered by the victim as he was struck by defendant in the face with a backward motion of his open hand, during a verbal confrontation, was held sufficient to constitute pain. State v. Downey, 242 N.J.Super. 367, 371, 576 A.2d 945 (Law Div. 1988). We conclude that physical discomfort, or a sensation caused by a kick during a physical confrontation, as well as pain, as that word is commonly understood, is sufficient to constitute bodily injury for purposes of a prosecution for simple assault. Indeed, here Hall did not say he did not suffer pain, he said he did not suffer any “particular” pain.
Alternatively, S.B. contends that even if there was sufficient evidence to support an adjudication for a simple assault, the evidence was insufficient to support an adjudication for aggravated assault. We agree. As previously noted, a simple assault under N.J.S.A. 2C:12-1 (a)(1) is elevated to an aggravated assault if it is committed upon a teacher “while clearly identifiable as being engaged in the performance of his duties or because of his status”. N.J.S.A. 2C:12-1(b)(5)(d). While the principle of “transferred intent” renders S.B. criminally responsible for a simple assault upon Hall, even though the other juvenile was S.B.’s intended victim, that principle has no applicability here in considering the charge of aggravated assault. That is because the only intent that
Likewise, we conclude that a simple assault can only be elevated to an aggravated assault upon a teacher if the actor knowingly assaulted a teacher. The State must prove beyond a reasonable doubt, in addition to the other elements of the offense, that the actor knew the person he was assaulting was engaged in the performance of his duties or knew of his status as a teacher, or was aware of a high probability that he was, in fact, assaulting the teacher, rather than the other juvenile.
We reject the State’s contention that since recklessness will support a conviction for simple assault, it is also sufficient to elevate the simple assault to aggravated assault. The requisite level of culpability is knowing conduct. See State v. Green, supra, 318 N.J.Super. at 376, 724 A.2d 254 (State must prove beyond a reasonable doubt that defendant knew the victim was a law enforcement officer acting in the performance of his duties, while in uniform or exhibiting evidence of his authority); State v. Moll, supra, 206 N.J.Super. at 260, 502 A.2d 87 (to support a conviction for aggravated assault upon a law enforcement officer, the State must prove beyond a reasonable doubt that the actor knew the victim was a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority),
Finally, we consider S.B.’s contention that the judge erred by not adjourning the disposition of his case for twelve months. N.J.S.A. 2A:4A-43(b)(1) authorizes a judge to adjourn formal entry of a disposition of a case involving a juvenile for a period not to exceed twelve months for the purpose of determining whether the juvenile can make a satisfactory adjustment, and to ultimately dismiss the complaint if during the period of the continuance the juvenile does, in fact, make such an adjustment. The judge considered the application, but denied it concluding that it would be an inappropriate disposition in light of the fact that the incident took place in school, against teachers, feeling it would be the wrong message to send to other students that an assault on a teacher in school results in an ultimate dismissal of the charge. We cannot conclude that the judge mistakenly exercised his discretion in arriving at that determination. To hold otherwise would result in our substituting our judgment for that of the trial judge. That we cannot do. We must defer to the trial judge who has the feel for the case, and we may only intervene if we are satisfied that the sentence imposed represents an abuse of discretion. State v. Gardner, 113 N.J. 510, 516, 551 A.2d 981 (1989).
Affirmed, as modified and remanded to the Chancery Division, Family Part, to amend the judgment, consistent with this opinion.
We note also that the judge found S.B. guilty, concluding that he was reckless in kicking Hall rather than his intended victim. Since recklessness suffices to support a conviction of N.J.S.A. 2C:12-1(a)(1), the judge was correct in concluding that there was sufficient proofs to support an adjudication of S.B., even though Hall was not the intended victim, on a theoiy of recklessness.
Reference
- Full Case Name
- STATE OF NEW JERSEY, IN THE INTEREST OF S.B., JUVENILE-APPELLANT
- Cited By
- 32 cases
- Status
- Published