In re B.B. CA5
While playing hide-and-seek with J.M., a six-year-old, minor, then 14 years old, asked to see J.M.’s necklace. J.M. allowed him to unclasp it. Minor removed it from J.M.’s neck by undoing the clasp, then ran away with it. J.M. chased after minor but could not find him.
In court, J.M. testified that minor did not say or do anything to him when taking his necklace, aside from asking to see it and undoing the clasp. He testified that minor did not push him. J.M. testified that E.C., minor’s friend and J.M.’s neighbor, also a teenager, saw minor take his necklace.
E.C. testified that he remembered playing hide-and-seek with minor and J.M., but denied seeing minor take J.M.’s necklace, and denied that he told the police that he had. However, E.C. testified that he did see J.M. crying, after which E.C. tried to find minor. He testified that he failed to find minor. He testified that later that day, he told J.M.’s mother that he did not know who had taken J.M.’s necklace.
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