In re Robert J.
The juvenile court found true allegations that Robert J. committed arson. On appeal, we conclude there was sufficient evidence that Robert acted with malice in igniting a paper towel in a boys' bathroom at his school. We further conclude the juvenile court failed to consider Robert's age when it determined a police officer's questioning of Robert was not a custodial interrogation. Because Robert's responses to that questioning constituted the evidence of malice, we reverse and remand for the juvenile court to reconsider Robert's motion to suppress his statements. If, on remand, the motion to suppress is granted, the petition against Robert shall be dismissed. If, however, the motion is again denied, the disposition order shall be reinstated.
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