Judge warns 15-year-old girl accused of shooting at deputies that life sentence is possible
Circuit Judge Raul Zambrano cautioned Nicole Jackson-Maldonado, the 15-year-old girl accused of shooting at deputies and facing a possible life sentence if convicted, to think carefully about her case, listen to her attorneys and consider reaching a plea deal with prosecutors.
Zambrano told her that going to trial would be risky.
"I don't know if you know much about gambling, but this is the equivalent of putting all your chips on the table," Zambrano said. "And either you win or you don't and, if you don't, the consequences are going to be lifelong to you."
Prosecutors have offered Jackson-Maldonado a plea deal, but it would send the teenager to state prison for 20 years.
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Prosecutors, though, reached a plea deal earlier this year with her 13-year-old co-defendant which could free him from a juvenile facility within three years.
State Attorney R.J. Larizza did not respond to an email asking him about the different treatment of the two cases. Volusia County Sheriff Mike Chitwood has previously referred the question to the state attorney's office. Chitwood has previously said he supports the prosecutors in the case.
Assistant State Attorney Sarah Thomas said during Thursday's hearing that prosecutors would be open to hearing counteroffers from the defense.
Jackson-Maldonado's defense attorney, Assistant Public Defender Larry Avallone, said during the hearing that the defense needed more time to prepare and had a deposition scheduled for Oct. 20.
Avallone said the defense had hired a mental health expert to evaluate Jackson-Maldonado for mitigation purposes.
Zambrano set Jackson-Maldonado's next hearing for Oct. 12 before Circuit Judge Elizabeth Blackburn. Zambrano was filling in for Blackburn on Thursday.
The shootout with Volusia deputies
Jackson-Maldonado was 14 when she and a then-12-year-old boy ran away on June 1, 2021, from the Florida United Methodist Children's Home in Enterprise, broke into a house and armed themselves with firearms they found inside, according to charging affidavits.
Jackson-Maldonado and the boy then reportedly fired at the deputies who responded to the break-in. Deputies initially held their fire, but eventually shot Jackson-Maldonado, reports said.
No deputies were injured.
Jackson-Maldonado faces up to life in prison on a charge of attempted murder of a law enforcement officer (firearm); burglary of a dwelling while armed; and criminal mischief causing damage of $1,000 or more.
The plea deal prosecutors have offered her would amend the attempted murder of a law enforcement charge to attempted murder.
Jackson-Maldonado declined the plea offer earlier this year. It would have sent her to state prison for 20 years followed by what was described at the time as 40 years probation.
Since she is a juvenile, if convicted as charged, Jackson-Maldonado's sentence would be reviewed within 25 years or possibly sooner, at which point she could be released. She is being held without bail at the Volusia County Branch Jail.
Prosecutors reached the plea deal earlier this year with the now 13-year-old boy whose case remained in juvenile court. The boy pleaded guilty to the same charges as Jackson-Maldonado and, as part of the plea deal, could be released from a juvenile facility in less than three years.
Since the boy was charged as a juvenile, The News-Journal is not naming him.
Both children had previously been Baker-Acted, in which a person is taken into custody for psychiatric evaluation if they are considered a threat to themselves or others.
Jackson-Maldonado was also accused of setting fires to vacant lots in April 2021 in Palm Coast. She was charged in adult court in Flagler County with five counts of willful malicious intentional burning of lands and one count of criminal mischief over $1,000. Each charge is a third-degree felony punishable by up to five years in prison. That case remains open.
'Facing a life sentence'
In the Volusia case, Assistant State Attorney Thomas repeated the previous plea offer on Thursday of 20 years in state prison. But she said it would be followed by 15 years probation. At a previous hearing another prosecutor said probation would be 40 years.
Zambrano asked Jackson-Maldonado if she was aware of the offer.
“Yes, sir,” Jackson-Maldonado said.
Zambrano said he tries hard to facilitate resolutions in cases.
"I know you're a young person and I know the state’s offer is very, very steep but you need to understand one thing: You are facing a life sentence with a number of reviews somewhere along the way," Zambrano said. "And a life sentence is not an out-of-the-question outcome in your case.
“And I want you to start thinking about those things because if you reject the state's offer, and this goes to a trial, and the jury finds you guilty of these offenses, you're looking at very serious consequences, which could include far more than just 20 years.”
He advised her to listen carefully to her lawyers.
“If you're coming to the court with hope as your only strategy, I'm here to tell you that hope is a terrible tactic. Don't hope that things work out the best for you. Have a plan in place," Zambrano said.
The judge told Jackson-Maldonado that if the case went to a jury, the verdict could go against her.
“Then your fate is out of your hands and it's in the judge’s hands," Zambrano said. "Now, I'm not saying that you can’t mitigate what happened here. But I'm aware of the facts of the case based upon the police reports. And I can tell you, it doesn't look that great for you.”
This article originally appeared on The Daytona Beach News-Journal: Nicole Jackson-Maldonado case: State open to plea deal with teen
