In re Interest of Elainna R., a child under 18 years of age.
Elainna R., appellant. State of Nebraska, appellee.
Juvenile Courts: Appeal and Error. An
appellate court reviews juvenile cases de novo on the record
and reaches its conclusions independently of the juvenile
Ordinances: Appeal and Error. Interpretation
of a municipal ordinance is a question of law, on which an
appellate court reaches an independent conclusion
irrespective of the determination made by the court below.
Ordinances. Absent anything to the contrary,
the language of a city ordinance is to be given its plain and
Statutes. Statutes relating to the same
subject, although enacted at different times, are in pari
materia and should be construed together.
Schools and School Districts: Disturbing the
Peace. A school security officer or campus
supervisor may be a victim of disturbing the peace.
Evidence: Proof. A finder of fact may draw
reasonable inferences from the facts and circumstances
from the Separate Juvenile Court of Lancaster County: Linda
S. Porter, Judge. Affirmed.
D. Nigro, Lancaster County Public Defender, and Brittani E.
Lewit for appellant.
L. Reuter for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and
Funke, JJ., and Moore, Chief Judge.
Neb. 437]FUNKE, J.
appellant, Elainna R., was adjudicated by the separate
juvenile court of Lancaster County, under Neb. Rev. Stat.
§ 43-247(1) (Reissue 2016), for violating a Lincoln city
ordinance prohibiting disturbing the peace. The juvenile
court found proof beyond a reasonable doubt that Elainna
knowingly or intentionally disturbed the peace of Sief
Mahagoub, a high school security officer, by engaging in
fighting. For the reasons discussed herein, we affirm.
November 17, 2016, Elainna was attending Lincoln Southeast
High School. On that day, she was involved in a fight with
another student, A.L., in the hallway of the school. The
named victim in this case, Mahagoub, is employed at the
school as a campus supervisor and security officer and had
been so employed for 4 years. His duties include maintaining
safety and security on the school campus.
1:17 p.m., Mahagoub observed the two students yelling at each
other. Elainna then angrily ran toward A.L. while Mahagoub
attempted to stop the fight before it became physical.
yelled, "Stop, stop, stop, " in a loud, commanding
voice and positioned himself between the students. Elainna,
however, struck A.L.'s head and grabbed her hair.
Mahagoub tried to separate the two, but Elainna maintained
her grip on A.L.'s hair. Mahagoub continued to command
Elainna to stop, and the three scuffled to the ground.
again yelled, "Stop" and "Let go." With
the help of another adult, Mahagoub separated the students.
The incident lasted between 2 and 3 minutes.
testified that altercations like this are very common with
students of that age, but said that this fight was disruptive
to the workday. Mahagoub described the altercation as
"very intense" and "very difficult" to
stop. He described Elainna as the aggressor and observed her
strike A.L. multiple [298 Neb. 438] times. After the
altercation, Mahagoub observed hair on the floor that was
consistent with A.L.'s hair.
stated he acted in accordance with his training, which
instructed him to do as much as possible to prevent harm. On
cross-examination, Mahagoub testified that he has trained as
a military police officer and served three tours in Iraq. He
further stated that the school provided him 2 full days of
training for his role as a security officer and that he
received specific training on how to deal with upset and
aggressive students. He stated his job duties include
breaking up fights between students.
to Mahagoub, he has dealt with many fights during his time as
campus supervisor, including students who were verbally and
physically aggressive toward him. He also testified that he
works with police officers in dealing with difficult students
and occasionally assists law enforcement officers with
investigations of criminal activity within the school.
associate principal at Lincoln Southeast High School
testified he witnessed the later portion of the fight after
it had progressed to the floor. He observed Elainna holding
the other student's hair and Mahagoub's attempts to
separate them. He testified that the altercation was
disruptive to the schoolday.
juvenile petition alleged that "on or about the 17th day
of November 2016, [Elainna] did knowingly or intentionally
disturb the peace and quiet of . . . Mahagoub, by fighting,
in violation of L.M.C. § 9.20.050." Elainna entered
a denial, and the matter proceeded to adjudication.
conclusion of the adjudication, the court found the State had
proved the allegations in the petition beyond a reasonable
doubt. The juvenile court continued final disposition of the
case pending the completion of a predisposition report.
Elainna perfected an appeal to this court.
assigns, restated, the following errors: (1) The juvenile
court erred in determining that Mahagoub's peace was
disturbed as a school security officer or campus supervisor,
[298 Neb. 439] and (2) the evidence was insufficient ...