hoopmoon.jpgThe 13-year-old boy that inflicted the fatal injuries on another 13-year-old, Guarionex Montas, during a playground fight will not be charged with manslaughter. Instead, city officials will charge him with third-degree assault with intent, a misdemeanor assault charge. Montas died from skull fractures, bleeding, and brain trauma after he was hit in the head during an altercation on a playground earlier this week. The accused has since been released from jail and is in the partial custody of the Queens borough president of all people.

Judge Rhea G. Friedman of Queens Family Court found probable cause for the city to charge the boy with third-degree assault with intent.

But the judge was skeptical of arguments that the boy posed a flight risk or a danger to society, and released him into the custody of various adults — including the Queens borough president, Helen M. Marshall, a friend of the boy’s family. Ms. Marshall promised to take him to work at her Kew Gardens office on Monday and Tuesday.

The case's next hearing is set for Wednesday.

(Shoot the Moon, by carpe icthus at flickr)