State v. Tesch

Cory Alan Tesch (defendant) was a 15-year-old juvenile who destroyed barricades, construction signs, and warning lights that had been erected to warn motorists of a road hazard. Construction workers had dug a trench that was 10 feet deep and 25 feet wide across the north and southbound lanes of a road. The workers erected an 8-foot barricade one mile from the trench in both directions to block the road. Early one morning, a father of two came upon the unmarked hazard, unaware of the danger, and drove his car into the trench. The motorist sustained serious injuries, including a fractured spine. Tesch had often caused problems in the community, such as spraying stop signs, vandalizing a school bus, and knocking over a port-a-potties, for example. Tesch also caused problems at his school, where he was often disciplined for disrupting class, smoking, disrespecting authority, stealing, and so forth. A delinquency petition was filed against Tesch by the state (plaintiff), charging him with criminal mischief. The state sought a waiver of juvenile court jurisdiction so that Tesch could be tried as an adult in a district court, and a hearing was held. A report was presented from the school psychologist at Tesch’s school, which stated the psychologist’s observations that the school’s discipline had never made any impact on Tesch. The psychologist feared that if Tesch did not receive significant consequences for the alleged criminal mischief, he would regard it as no big deal, and his behavior would persist or worsen. The services that Tesch could receive in the juvenile and the adult systems were similar. However, the juvenile court officer (the officer) testified that Tesch’s chance for rehabilitation was slight in the juvenile system. Due to Tesch’s age, he would not be in the juvenile system for long before he turned 18. Tesch could be under supervision for longer in the adult system, and if he decided not to comply, he could face prison time. The officer believed that just the awareness of this consequence for noncompliance would encourage Tesch’s compliance. The officer also believed a waiver was in Tesch’s and the community’s best interests because Tesch would have a longer opportunity to make positive choices. A waiver was granted. Tesch was convicted as an adult and given a suspended sentence requiring him to receive counseling, maintain employment, and pay a fine. Tesch appealed the juvenile court’s waiver of jurisdiction.