NORWALK, Calif. () — A Downey father charged with killing his 8-month-old son took a plea deal Wednesday after a jury was unable to reach a verdict, prompting a judge to declare a mistrial.
The defendant, Milton Paniagua, had been charged with second-degree murder and assault causing injury and death to a child in connection with the 2019 death of his son, Max.
Paniagua, a former Marine, represented himself during the trial and appeared in military uniform in court Wednesday. The prosecution says it helped Paniagua appear personable and respectable. Despite that, jurors were unable to unanimously decide whether he was guilty of murdering his son.
Prosecutors alleged that Max died from extensive injuries in 2019. Evidence presented by the prosecution indicated the child suffered skull fractures, a traumatic brain injury, retinal hemorrhages and bruising on his body. Prosecutors also alleged that Paniagua was responsible for the injuries and did not immediately call 911 for help.
Following the mistrial, Paniagua accepted a plea agreement and pleaded guilty to voluntary manslaughter rather than face the possibility of a retrial.
Jonathan Hatami, a prosecutor in the case, said the resolution provides justice for the child.
“I would say at the end of the day, the most important thing for us is getting justice for Max,” Hatami said. “He’s the victim in the case. He’s the one who’s not here any longer and even though it didn’t turn out exactly the way we wanted it to, we believe that the defendant admitting that he committed voluntary manslaughter is justice for Max.”
Paniagua was arrested in February 2020 following Max’s death.
The Los Angeles County District Attorney’s Office tells Eyewitness News that Paniagua will likely get 11 years in prison in exchange for accepting the plea deal. He will likely get credit for seven years he has already served in custody.
© 2026 Television,









