Probation officers have determined that the younger of the two boys who pled guilty to tossing a shopping cart onto philanthropist Marion Hedges should not get jail time.

Instead, Twelve-year-old Raymond Hernandez was released Tuesday under the condition that he submit to highly supervised probation. A recommendation has not yet been made for his accomplice, 13-year-old Jiovanni Rosario.

The two boys have been held since the incident occurred last October when they tossed a shopping cart off the fourth floor of a Target in East Harlem. The shopping cart landed on Hedges, who very nearly died after falling into a coma and suffering serious brain damage.

The judge still has the final decision in the case and could sentence the boys to a jail term of 18 months to one that lasts until they are 18.

Earlier this month, Hedges said she forgave the boys and was more concerned about the economic conditions that created that situation.