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Attorney: Probation rare after ice cream truck driver pleads guilty for the death of 12-year-old

The DA says that if Mansoor breaks probation, he could face prison time.

JEFFERSON PARISH, La. — Last May, 12-year-old Javier Adrian Flores Fajardo was in his bedroom playing video games, when an ice cream truck barreled through a stop sign, crashing into his apartment.

Six days later, he was pronounced dead. When we spoke with his uncle after the crash, he described his nephew as full of life and full of faith.

“He was joyful,” Adrian’s uncle Joel Orellana said.  “He was extremely happy all the time.”

The man driving the truck only spent one day behind bars before posting bond. Just over one year since Flores Fajardo’s parents buried their son, 71-year-old Mechaul Mansoor pleaded guilty to negligent homicide.

It’s a charge that could mean up to five years in prison, but the judge sentenced him to three years probation, with any prison time deferred.

“This is the byproduct of a tragedy, and a tremendous one,” Legal analyst and attorney Craig Mordock said.

According to attorney and legal analyst Craig Mordock, when a child is killed, probation is rare.

“He didn’t intend to kill this 12-year-old,” Mordock said.

He says several factors may have contributed to the judge’s decision.

“It is unusual, but I think his age, and the fact that alcohol wasn’t involved went a long way for him receiving probation and not any jail time,” Mordock said.

Before he died, Flores Fajardo had the chance to give the gift of life to other children.

“They decided they are going to donate his organs to try and save as many people as they can,” Orellana said.

One year later, his legacy lives on through the children he saved.

The DA says that if Mansoor breaks probation, he could face prison time.

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