Teen learns his fate after accidentally shooting 10-year-old cousin while playing with a gun
Javier Rodriguez, now 19, was handed a 10-year prison stretch on Thursday, with credit for just under 14 months already served in custody, after admitting to killing his cousin last year.
He pleaded guilty in June to second-degree reckless homicide in the May 2024 death of Isdennyeliz Ortiz, a 'bright and bubbly' fourth-grader who had just celebrated her 10th birthday weeks earlier.
Following his release, Rodriguez will spend an additional eight years under supervised release, a Milwaukee County judge ruled.
The tragedy unfolded shortly after 12:40am on May 31, 2024, inside a three-story home in Milwaukee where several generations of the same family lived.
Isdennyeliz, affectionately known as 'Issey' to family and friends, was asleep in her mother's bed with her baby brother by her side when the bullet struck her in the chest.
The round had pierced through the floor and ceiling above, where police say Rodriguez had been recklessly handling a firearm on the upper level.
According to a criminal complaint, Rodriguez ran down the stairs in a panic telling the girl's mother, 'It's my fault. I'm sorry. Please forgive me.'
Her 14-year-old sister later told investigators that Rodriguez repeated the same words in a panic, 'I'm sorry. It's my fault. I did it.'
Her mother turned on the light, only to see her daughter bleeding and unresponsive, and a fresh bullet hole in the ceiling above her. The child died before paramedics could arrive on the scene.
Rodriguez, who was 18 at the time, fled the home before police arrived but was identified on home surveillance footage and arrested days later.
Security footage showed him carrying what police described as a 'tan firearm' while wearing a blue rubber glove, just before a loud bang was captured by the camera's audio.
Court documents also revealed Rodriguez had fired a gun in the home once before, a month prior, although no one was injured on that occasion.
Investigators recovered a small arsenal of firearms from a closet, including three loaded pistols, a drum magazine, and several boxes of ammunition.
'Now we have a family whose 10-year-old daughter is not here,' said Marty Calderon to TMJ4.
Calderon is a local activist with Milwaukee's Promise Keepers, a group that responded to the family after the shooting.
'How much more do we have to keep telling people - leave guns alone,' Calderon added.
The emotional weight of the sentencing was felt throughout the courtroom. Although prosecutors did not allege Rodriguez intended to kill his cousin, they argued that his reckless behavior proved fatal.
Isdennyeliz Ortiz was described by loved ones as a joyful girl who loved making YouTube videos and playing volleyball.
She was looking forward to an upcoming family trip to Wisconsin Dells, her mother said.
'There is no other way to describe this horrific incident other than to say it is utterly unacceptable,' said Milwaukee Alderwoman JoCasta Zamarripa in a statement.
'Far too many young people continue to be impacted by gun violence across our city. These gun-related incidents are wholly preventable, and we must do better to stop them.'
According to the Milwaukee Journal Sentinel's Homicide Database, youth homicide victims are tragically common in the city: 12% of homicide victims in 2024 were between between 10 and 17 years old.
'We have to give people the knowledge of how to safely handle a gun, how to safely protect yourself,' said Teneen Rucker with the nonprofit Safe and Sound, which plans to host a gun violence awareness event later this summer. 'This can't keep happening.'
Rodriguez had faced a potential 25-year sentence before agreeing to a plea deal in June.
In court, he showed remorse and accepted responsibility for his actions but the sentence, family members say can never bring back the child they lost.
As part of the judge's ruling, Rodriguez is prohibited from owning or possessing firearms for the rest of his life.
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