A Cobb teen who was 16 when he fatally shot his younger brother in 2011 was sentenced today to five years in prison.
Oscar Mondragon, now 18, pleaded guilty to felony involuntary manslaughter violating Georgia’s Street Gang Terrorism and Prevention Act. Cobb Superior Court Judge Mary E. Staley immediately sentenced him to 10 years, with five to serve.
On June 2, 2011, the Cobb County Police Department was called to investigate a killing at 1101 Eastside Dr., south of Marietta. A 911 call had alerted police of a possible shooting inside a trailer at the Valley View Mobile Home Park. Police found the body of Griffin Middle School sixth grader Javier Mondragon, 12, inside the residence. The brothers lived at the mobile home with their mother, stepfather and sister.
Authorities arrested Oscar Mondragon without incident the next day after finding him hiding in a trailer at the Edengate Mobile Home Park in the 200 block of Clay Drive in Marietta. He has been at the Marietta Youth Detention Center on charges of felony murder, aggravated assault and possession of a firearm by a minor ever since his arrest.
Mondragon's family has maintained that the shooting was an accident. And though there was no evidence of animosity or arguing between the brothers, Deputy Chief Assistant District Attorney Jesse Evans told the court today that it was unlawful for Mondragon to possess and handle the firearm as he did, especially since he was a documented gang member.
Consequently, Evans argued that Mondragon, who had 14 juvenile adjudication cases prior to the shooting, should still go prison.
“These are very serious offenses,” Evans said, “and the state can’t ignore the defendant’s prior history.”
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