In re T.K.

109 Ohio St. 3d 512 (2006)

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In re T.K.

Ohio Supreme Court
109 Ohio St. 3d 512 (2006)

  • Written by Sharon Feldman, JD

Facts

Members of a gang stopped in front of a home where a family had gathered for a birthday celebration. The gang was searching for someone who had been involved in an argument with a gang member. According to witnesses, a handgun was passed among the gang members, and T.K. (defendant), a minor, was heard shouting, “Shoot” and “Shoot the [expletive].” Shots were fired, and three people were injured. T.K. was found to be delinquent by having committed what would be felonious assault and aggravated riot if committed by an adult. The court found that T.K. knew someone had a gun, he intended that someone act on T.K.’s words, and, although it was unclear which victim T.K. intended to target, the state (plaintiff) had sufficiently shown transferred intent. The court of appeals affirmed the conviction for aggravated riot but reversed the felonious-assault convictions because the testimony at trial was so conflicting that it was impossible to identify the principal or the intended target. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Resnick, J.)

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