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 a disorderly conduct 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 that the juvenile’s behavior caused a “substantial interference” to support the disorderly conduct adjudication, including testimony that approximately 200 to 300 students were in the gym at the time, “everybody” witnessed the disturbance, the teacher who escorted the juvenile from the gym was not able to supervise other students or fulfill her duties, and a group of special needs students missed their bus due to the confusion surrounding the incident.

Criminal Offenses
Disorderly Conduct at School
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