State v. Hernandez

— The Grant County Juvenile Court adjudged Roberto Carlos Hernandez guilty of second degree malicious mischief for spitting in a patrol car. On appeal, Mr. Hernandez contends the State failed to prove that he damaged or tampered with the patrol car. We find that the spittle did not constitute knowing and malicious damage or tampering that substantially risked impairment of the police car’s service to the public. Accordingly, we reverse.

Facts

The facts are not in dispute. On a Monday in November 2002, Officer Joseph Harris contacted Mr. Hernandez at the Quincy Alternative School to discuss Mr.…