HANFORD — A Kings County judge held the man accused of shooting a 5-year-old on all charges except for attempted murder in court Monday.
Officials suspect that 29-year-old Rowdy Paulo shot into a home located at the 9000 block of Iona Avenue around 3 a.m. on July 16.
A 5-year-old boy along with an 11-year-old were watching television in the living room of the home at the time. The 5-year-old sustained head injuries from the shooting and was rushed to a local hospital.
The boy needed emergency surgery but ultimately survived.
Judge Valerie Chrissakis said no to the attempted murder charge during Paulo's preliminary hearing Monday because of insufficient evidence.
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The district attorney's office is disappointed with the Chrissakis' decision, said Assistant District Attorney Phil Esbenshade.
The office is considering filing the attempted murder charge on the information, which is the name of the document the district attorney's office files after a preliminary hearing.
If filed, the office expects that Paulo's attorney might challenge whether the district attorney proved sufficient evidence for attempted murder and the hearing would be held in front of a different judge, Esbenshade said.
Paulo's arraignment is still scheduled for Oct. 8. He is still being held without bail in Kings County Jail for assault with a deadly weapon and shooting into an inhabited home.