CARSON CITY -- The Nevada Supreme Court has ruled that an 11-year-old Clark County boy should not have been deemed a delinquent by a judge after the stabbing of a fellow youth in self-defense.
In a decision in which the boy was called only Juan G., the Supreme Court decided Monday that Clark County District Judge William Voy wrongly adjudicated the young man a delinquent.
"A reasonable fact finder could not have found beyond a reasonable doubt that Juan did not act in self-defense," justices said.
Juan had been found guilty in Family Court of battery by the use of force or violence. But the justices ruled that, under law, a battery has not been committed if a person has acted for justifiable reasons.
Juan had testified that on two previous occasions, he had altercations with a boy referred to as Fernando and another boy. Juan said a friend at school told him that the two were going to "jump" him after school.
According to the court, Juan said he thought that meant they were going to do something worse than simply pushing and tackling him.
Because he was scared, Juan said, he took a pocket knife from his grandmother's drawer. Later that day, he stabbed Fernando with the knife.
Because he acted in self-defense, justices said, the stabbing lacked an "unlawfulness element" and was justified.
Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.
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