In Matter of Anthony W. , a juvenile delinquency proceeding was brought against Anthony W. for allegedly running over a cop with an ATV.
Officers Kevin O'Connor and Anthony Mills were on patrol when they saw three ATVs -- one "yellow" and two "blue and black" -- emerge from the woods. A chase ensued and the officers were separated.
O'Connor stepped into the path of a yellow ATV and directed the driver to stop. However, the vehicle accelerated, hit O'Connor head-on, tossed him into the air and dragged him until the ATV's back tire ran over his arm. (O'Connor observed that the ATV had "left grooved tire track marks.")
The Suffolk County Family Court found that, had he been an adult, Anthony would have been guilty of "leaving the scene of an accident involving an all-terrain vehicle," and placed him on probation for 12 months. When the kid appealed, the Appellate Division, Second Department, found the lower court's determination was based on "legally insufficient evidence" and "contrary to the weight of the evidence."
Apparently, the only thing connecting Anthony to the crime was his yellow ATV. Neither O'Connor nor Mills could identify the driver and the two witnesses who regularly rode with Anthony couldn't recall if they had been riding their ATVs on the particular date in question. Furthermore, the witnesses owned "white and red" ATVs rather than "blue and black," (as the officers had originally described) and, while one of the kids claimed that a man in "regular" clothes "jumped at" the riders, both O'Connor and Mills were wearing police uniforms.
In light of the many contradictions, the existence of alibi witnesses, and, the fact that the yellow ATV had been equipped with "knobbed or 'holeshot' tires," the AD2 concluded the juvenile delinquent adjudication had to be rescinded.
Don't know about you, but we're tired!
To download a copy of the Appellate Division's decision, please use this link: Matter of Anthony W.