The San Diego County district attorney's office made its recommendation Thursday to the county Probation Department on the 12-year-old Mira Mesa boy who was playing with Barbara Pacheco when she was fatally shot in October.
The Probation Department should reach a decision in two to three weeks on how to prosecute the boy, said Carlos Armour of the district attorney's office. Armour said the boy will either be put in a probation program to avoid standing trial, or he will be criminally prosecuted by the district attorney's office. Armour declined to say what action his office had recommended.
"We have ruled out that it was an accident, but that doesn't mean it was intentional," Armour said.
Pacheco, a 13-year-old Challenger Junior High School girl, was found in the home of the classmate she was visiting, with a gunshot wound in her face.