One of the two pre-teen boys charged with dropping a shopping cart over a fourth-story railing in East Harlem — nearly killing a philanthropist who was shopping for underprivileged kids — will be sentenced to as little as probation after pleading guilty to felony assault today.
“I held the shopping cart over and I knew people was down there,” 12-year-old Jiovianni Rosario said sadly, in admitting his guilt before Family Court Judge Susan Larabee.
“And I knew somebody could have gotten hurt.”
Prosecutors say that victim Marion Hedges remains in serious condition from being struck by the cart. Hedge’s family agrees with the deal, they said.
The 47-year-old Manhattan real estate agent had just bought Halloween candy in bulk from the nearby Costco. Her 13-year-old son was with her, and watched in horror as his mom was struck down by the plummeting cart.
Rosario faces anywhere from probation up to five years in jail.
He’s back in court Dec. 6.
“I may well return him to the community on the next court date,” the judge said She denied a request by the boy’s family to free him immediately pending sentence. Rosario turns 13 tomorrow.
The second boy, Ray Hernandez, also remains jailed. He is set to either take a similar plea or go to trial when he returns to court Nov. 23.
“Today my client did the responsible thing and pled guilty,” said Rosario’s lawyer, Shahabuddeen Ally. “He took ownership of his actions. The goal is to get him back into the community.”