case involves three times our system failed a juvenile first has to process rights were violated when the state failed to prove each element of the if it's beyond a reasonable doubt second has to process rights are violated in the purpose of th couldn't believe that that was what was said but the evidence didn't prove out that way the evidence showed that the detective story that the statement relied on the gun at the girlfriend's house being the gun that was used he said that  been a girlfriend present but she wasn't called her mother wasn't called to ask if the revolver was hers she lived with her mother his story is that we're back where it would have been the got so hit he's saying at least he said it with hospital right after the shooting he tells him as he's highly medicated that person tells him that he was chased by two men and they shot him from behind and when he says or we just found a gun at your girlfriend's house and he changes his story and says i was actually i was holding up my sleeve next only shot myself and then we ran to my girlfriend's house  require that evidence and the act explicitly gives him the right when he's considering sending a juvenile to be t j that he should or he can get a continuance and ask for more evidence and reports  minor repeatedly refers to the world the injuries he sustained that night as a gunshot wound the prosecutor very specifically and very clearly asked him what did you hear from behind you what was the ways that you heard from behind was very specific credibility findings in this case and the trial court was certainly a more superior position to judge the witnesses to rule in body language and credibility and the trial court specifically found one who we will that night who told detective byrd that he shot himself in the foot and we know that detective byrd was in the hospital the night of the shooting and had first made first hand observations of the injuries sustained he testified that there was absolutely no evidence of any damage done to the bottom of the miners he only saw bullet hole were on the top of the split and the trial judge he didn't even see that the pictures that as he's running away allegedly from true african american males that jumped out of bush's and shot at him from behind it he was struck not once but twice in the bottom of his foot and one day when detective berg confronted that there was something missing from his story he switched gears and conveyed a more logical and more truthful version of what happened that night upcoming court date and the knowledge that she would be there two weeks later the second day of sentencing rides and the reason to show up she certainly had a right to be there but that right was waived when she voluntarily chose not nearly each and every court day and this is most most of them they were he had a relative present each and every court date and on that second quote date it's important to distinguish what happened in the first day of sentencing to the second day on the first day the mother was present in court and it was on that day that all substantial i've even seen mitigation aggravation were presented the only reason why this matter was continued for a second day of hearing and the minors jus under absolutely no affair with the duty to inquire as to the mother's whereabouts in fact he did ask that the mother was going to be there the sister said no that was even going above and beyond what he was done there was nothing preventing her from appearing right that day she had the notice that she was old enough to fail to appear in the minor sates absolutely no case law which stands for the proposition that appear that certainly would have done so receiving since since he had been and you know there were certainly plenty of evidence before the trial judge she considered it minor substantial background which considered a now three department of correction before us right now that's not the issue that's before this court because the trial judge did have evidence relating to each and every box that was checked off as a as i stood it he considered a substantial background this might have been should be twelve of that this might have did have an opportunity at one point for intensive probation which had been a which would have been a lesser restrictive i'll tell you that but the matter was in compliance because he had violated electronic monitoring and therefore wasn't eligible for an interview him yes in the probation officer actually moot specific recommendation that this specific minor receive commitment to the juvenile justice department based on his failure the judge make that kind of i think the nature the nature of this case makes clear and makes a i wouldn't that the mother is unfit to care for the train discipline and support this child a since two thousand and twelve like i said this is his third time a department of corrections and his run ins with the law for the only become more serious and more frequent since that time this run in with the law only more may not have shot made that specific finding and found that that was the case the mayor did shoot himself ah he's clearly become a danger to himself and to the public at large so the tension that's because he's a danger to himself and to the public and the rest of society is subject to him carrying a weapon and shooting it in the middle of a street