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Man arrested, but not charged, in boy's killing sentenced for unrelated crimes

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SAN DIEGO (CNS) - A 19-year-old man arrested earlier this year -- but never charged -- for the fatal shooting of a 12-year-old boy in National City was sentenced Thursday to nine months in county jail, plus probation, for unrelated assault and gun charges.

Prosecutors say Carlos Maldonado instigated the beating of a 14-year-old boy last October and also negligently fired off a gun in February of this year.

In March, Maldonado was arrested in connection with the Nov. 15, 2024, shooting death of Elijah Smith, a Lemon Grove Academy student.

The shooting, which took place at a vacant National City house, also injured four other teens. Police said the gunfire broke out during a party attended by more than 100 people.

Maldonado wasn't ultimately charged with Smith's killing and was released from custody days after his arrest.

Deputy District Attorney Kerry Conway said the charges Maldonado was sentenced to on Thursday stemmed from a National City police investigation into an unrelated incident that included examining the cell phones and social media accounts of Maldonado and some of his associates. She declined to comment on whether that other investigation concerned the homicide.

Before sentencing Maldonado, Superior Court Judge Dwayne Moring said, "I'm sentencing you today on the charges that have been filed by the prosecution. Whether you're under investigation for other crimes or not, that's not something I can take into consideration today."

Maldonado apologized to the court and his family members in attendance, saying "To my family, I'm sorry I disappointed you. I know I'm supposed to be the man of the house and I've been living my life like a teenager."

He also apologized to the family of the 14-year-old who was assaulted and said, "I should have de-escalated the situation. So, from the bottom of my heart, I'm truly sorry if I caused any trauma."

Conway took issue with his use of the word de-escalation, as she said it was Maldonado who encouraged another person to attack the victim. Maldonado was also seen in social media videos discovered months later firing off a gun and tagging in a South Bay neighborhood, she said.

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