Hayward, California

From InsideBayArea.com of September 12, 2007

Hayward teen won't be charged in shooting

Jonathan Paniagua, a 19-year-old Hayward resident who shot a 12-year-old Oakland boy in the chest Friday, was acting in self-defense and will not be charged in the shooting, according to authorities.

Paniagua is still in custody at Santa Rita county jail in Dublin while the Immigration and Customs Enforcement agency reviews his immigration status, Alameda County sheriff's Sgt. J.D. Nelson said.

The 12-year-old remains hospitalized at Children's Hospital Oakland and is in serious, but stable condition, Hayward police Lt. Reid Lindblom said.

"We have determined that there is insufficient evidence to prove that there was an unlawful shooting," Alameda County Assistant District Attorney Richard Klemmersaid. "I cannot disprove Paniagua's assertion that he was acting in self-defense. Most of the witness statements corroborate his version of events."

According to Lindblom, Paniagua pulled his red Cadillac up to the curb in front of the Casa Azul Taqueria on Harder Road on Friday evening.

The 12-year-old boy, accompanied by a 19-year-old friend, then approached the vehicle. Lindblom did not release the names of the boy or his friend.

"The 12-year-old allegedly simulated having a weapon and said he wanted the car," Lindblom said.

Paniagua pulled out a handgun, shot the boy and drove off, he said. The shooting occurred at about 5:45 p.m.

Police stopped Paniagua's Cadillac at Jackson Street and Soto Road about 10 minutes later. Paniagua was arrested without incident.

A handgun found inside the vehicle was confiscated, Lindblom said.

Paniagua was scheduled to be arraigned on Monday on charges of attempted murder, assault with a deadly weapon and possession of a loaded and concealed firearm.

Klemmer said, however, no charges are expected to be filed in the case.

Lindblom said Paniagua claimed that the 12-year-old boy had attempted to rob Paniagua of his wallet several weeks ago and that Paniagua had armed himself in response.