A 15-year-old Wissinoming girl wounded in the face as a result of gunplay by youths inside of a Mayfair home was released from Children's Hospital on Friday, four days after a judge ordered her alleged shooter to stand trial as an adult.
Raymond Schultz, 15, of 3018 McKinley St., will face charges of aggravated assault, simple assault, reckless endangerment, possession of an instrument of crime and other weapons offenses for the Feb. 18 shooting, which allegedly occurred in a bedroom of the suspect's home shortly after 10 p.m.
Municipal Court Judge James M. DeLeon dismissed a charge of making terroristic threats against Schultz, who lives with his mother, Feliciana Schultz, and three siblings, sources said.
According to Assistant District Attorney Laurie Williamson, the prosecutor in the case, another youth testified during the Feb. 26 preliminary hearing that Schultz fired the .22-caliber automatic handgun at the victim, Andrea Perez, of the 6200 block of Charles St.
The bullet penetrated Perez's nose in an upward direction, caromed off of a bone beneath her brow, passed through her jaw and lodged in her neck, a source said.
The Northeast Times is withholding the name of the witness, a 15-year-old boy, because of his age.
"When (the witness) went into the room, the defendant had the gun out already," Williamson said. "He saw (the defendant) take the clip out of the gun and pull back the slide. Almost immediately after that, the gun discharged."
Despite the removal of the ammunition clip, the weapon still had a round in the chamber, the prosecutor explained.
The pistol has not been recovered by authorities. According to police, the defendant told detectives that he obtained the weapon from an unidentified friend at school. Schultz was enrolled at Abraham Lincoln High School at the time of the incident.
"(The witness) did not testify where the gun came from," Williamson said.
Defense attorney Harold Diamond, who represents Schultz, refused to comment on the case.
A fourth youth, a 13-year-old girl, was also in the bedroom when the shooting occurred, Williamson said, while another boy was elsewhere in the home.
The only adult on the premises was Feliciana Schultz, according to Williamson and police. The witness testified that the mother called 911 after the shooting. When police arrived at the scene, they were given a very different explanation of what happened.
According to Lt. Jim Kerrigan, of Northeast Detectives, Perez told officers that she had been the victim of a drive-by shooting on the 6200 block of Hawthorne St., then she ran to the McKinley Street home in search of help. It is not clear if anyone else in the home confirmed the initial story for police.
Suspicious detectives learned of the alleged cover-up after questioning the witnesses further. The boy who testified did not speak to police on the night of the shooting, Williamson said.
Feliciana Schultz told police that she didn't hear the gunshot and that she was in the basement when it happened, Kerrigan said. No one else is charged in the incident, which remains under investigation.
According to official sources, the Schultz mother could face sanctions from the Philadelphia Department of Human Services and the Philadelphia Housing Authority as a result of the incident.
The Schultz children had been under DHS supervision "on and off for about five years," according to DHS spokeswoman Lisa Rodriguez.
Generally speaking, allegations of parental abuse or poor parental supervision are among the possible grounds for DHS involvement in a home. According to Rodriguez, DHS services can include sending a weekly visitor into the home to make sure that the children are attending school and that they have access to community resources, such as after-school programs or counseling services.
If the problem in the home persists or escalates, DHS can remove the children from the home and place them in an institutional setting.
In the Schultz case, DeLeon remanded the defendant into the custody of his mother pending the trial. DHS is monitoring the legal developments.
"When the (shooting) took place, we visited the home immediately to make sure the other children are safe," Rodriguez said. "We're working with police and waiting to see how the investigation develops to determine (a course of action)."
As a beneficiary of a housing subsidy through the federally funded Section 8 program, Schultz could face sanctions from PHA, as well.
According to PHA spokeswoman Robin Leary, Section 8 recipients sign an agreement when entering the program that prohibits any criminal activity on the property.
The person signing the benefits agreement can be held responsible for the actions of any other residents of the home and any visitors to the home, Leary explained.
"We do not have to wait for a conviction, just evidence of criminal activity," Leary said.
PHA officials would send a "notice of intent to terminate" to the benefit recipient, who is entitled to an appeal hearing before PHA administrators if desired.
If the notice of termination is upheld, PHA would stop issuing rent payment vouchers to the benefits recipient.
Leary did not comment on the status of Schultz's Section 8 benefits.