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FREE IN EASTER SLAY OF BX. TOT

By DENISE BUFFA

May 30, 2008

A man charged with killing a Bronx toddler on Easter Sunday two years ago was set free yesterday after cutting a deal with prosecutors, who plan to drop the murder charge, authorities said.

Nicholas Morris, 28, will plead guilty to a gun charge and be sentenced to time served. He admitted to carrying a loaded .357 Magnum the day 2-year-old David Pacheco Jr. was hit by a stray bullet during an argument, but Morris claimed he didn't fire the gun. The child died in the back seat of the family minivan.

A judge declared a mistrial in his case last month after DNA on a sweater smelling of gunpowder did not match Morris'. The suspected shooter moved south, hired a lawyer and won't talk to authorities.

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