In the Matter of M.J.G., 234 N.C. App. 350 (2014)

The trial court did not err by denying the juvenile’s motion to dismiss an assault petition. The juvenile, a Sixth grade student, was charged with simple assault and disorderly conduct at school arising from his behavior during a charity volleyball game in the school gymnasium. The juvenile was seated in the bleachers near two other boys who were “getting ready to fight.” When a teacher tried stop the altercation, the juvenile waved her off and told her “no, don’t stop it, go away.” Another teacher saw the juvenile’s actions and told him to come down from the bleachers, so they could talk outside. After repeated requests, the juvenile angrily stood up and left the gym but “body checked” a bystander on his way out. In the hallway, outside the gym, the juvenile shouted obscenities at two teachers who tried to intervene. An SRO physically removed the juvenile from the hallway and escorted him to the main office. The court held there was sufficient evidence of the juvenile’s intent to support the assault adjudication, including testimony that: there was “plenty of room” for the juvenile to walk around the bystander, she had to steady herself to keep from falling when the juvenile “body checked” her, and the juvenile angrily stormed off the bleachers and “ran right over her.”