Minor committed to DOC for terroristic threat at Edgemont School

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Terroristic Threat at school warrants commitment of minor to DOC, Summary follows: INTEREST OF J.A.D., III, 2026 S.D. 11: Student at Edgemont School threatened to go home, get a gun and “threatened to shoot a school counselor, other students, and himself.” Brave and wise Special Ed teacher (my words here) sought to help the student when he wanted to leave school, interviewed the student, and then took action and called 911, resulting in a “soft lockdown” and intervention by law enforcement. In a juvenile delinquency proceeding, the State charged the student with “(1) aggravated assault; (2) simple assault; and (3) making a terrorist threat.” The trial court found that the State did not establish (1) aggravated assault, but that the State did establish (2) simple assault and (3) terroristic threat. Trial Court committed the Student to DOC. Student appealed. The SD Supreme Court vacated the (2) simple assault adjudication, but affirmed the (3) terroristic threat adjudication. The Court also affirmed that trial court’s decision to commit the student to DOC. The Court’s opinion is authored by Justice Myren, with 3 other justices in full agreement. Justice Salter filed a separate opinion in which he expresses the view that the (2) simply assault adjudication should also be upheld. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .