The Michigan Supreme Court ruled in the case of Evan Oslund, a Howell High School student who filmed an assault at Howell Skate Park. The court found that since Oslund was not armed with a dangerous weapon, the lower courts wrongly charged him as an adult under Michigan law, as reported by The Detroit News.
In 2021, two boys attacked a new student with autism, leaving him with injuries including a concussion and post-traumatic stress disorder. One of the boys, Oslund, filmed the assault and shared the video. Initially, he was charged as an adult with assault with intent to commit great bodily harm under the theory that he aided and abetted the attack. However, the Supreme Court has since dismissed those charges, as outlined by WLNS.
In a 6-1 ruling, the Supreme Court reversed lower court decisions, stating, "We hold that in order for the criminal division of a circuit court to have jurisdiction over a juvenile defendant. the juvenile defendant in question must be 'armed with a dangerous weapon.'" The court emphasized the importance of this specific language in determining whether a juvenile can be charged as an adult. Justice Bernstein, writing for the majority, clarified that Oslund’s case should be handled in juvenile court. The Court of Appeals’ analysis on whether a shoe could be a dangerous weapon was also vacated. Justice Viviano dissented, stating, "I would not reverse the Court of Appeals on the basis of an unpreserved issue that was not argued or decided (before the courts)," and criticized the majority for not considering the aiding and abetting theory. This decision now establishes a legal precedent for handling similar cases in the future, as detailed by The Livingston Post.
