VAN NUYS : Attempted Murder Charge Ruled Out

A 12-year-old boy who said he accidentally shot his 14-year-old friend in the face last week won’t be prosecuted for attempted murder, a county prosecutor said Thursday.

Police may still pursue charges of illegal possession of a loaded firearm or possession of a concealable firearm against the boy, Roberto Ortiz Jr. of Van Nuys. But that is unlikely because of the boy’s age and clean record, the prosecutor said.

Meanwhile, the victim, Victor Tamayo of Van Nuys, has been moved out of the pediatric intensive care unit at Northridge Hospital Medical Center. He was taken off a ventilator earlier this week and Thursday was listed in “stable and still improving” condition, a hospital spokeswoman said.

Victor and Roberto were playing with a loaded .38-caliber handgun in the living room of Roberto’s apartment when the gun went off, striking Victor in the left upper cheek.

Roberto told police that he and Victor found the handgun a week earlier near the baseball diamond at Delano Park in Van Nuys, where the boys play on the same baseball team.

Roberto was arrested on suspicion of attempted murder and later released to his father’s custody. Although he originally told police that Victor had accidentally shot himself, Roberto admitted after further questioning that he had himself accidentally pulled the trigger.