Matter of Swindell

MARTIN, Justice.

Our decision does not require an extensive recital of the facts. In brief, the evidence showed that Antoine Swindell, age thirteen, was adjudicated delinquent on 16 June 1989 on a petition alleging he raped his eleven-year-old female cousin. Antoine is mildly retarded, has an IQ of 57, and has repeated the first, second and third grades. He resides with his mother and three sisters and has not seen his father in ten years. This was Antoine’s first court appearance.

The risk assessment prepared by the court psychologist indicated that Antoine was likely to be a repeat offender.…