GREEN BAY, WI (WTAQ-WLUK) – Testimony wrapped up Wednesday in the trial of a teen who allegedly intentionally set the fire which killed her infant nephew.
Marcelia Fonseca –- who is now 19 years old but was 15 at the time of the fire –- did not take the stand during the trial, which started Oct. 16.
Closing arguments are scheduled for today, and then the jury will deliberate. During the trial, prosecutors have tried to prove the fire was intentionally set, but the defense has focused on wiring issues in the residence.
According to the complaint, fire crews were called to 2519 Wisconsin Avenue on June 7, 2019, for a fire. The residents were able to escape, except for an 11-month-old. He later died.
According to the autopsy, he “had sustained total body surface burns across 100% of the body, ranging from first degree through third degree in severity.”
The complaint says, “One of the residents told investigators they believed faulty wiring the cause, but investigators concluded that the fire originated in the southeast corner of the second-floor east bedroom, where the metal wire laundry/grocery cart with combustible contents was located. The cause of the fire was classified as ‘incendiary’ through the elimination of all competent ignition sources in the area of fire origin. It was determined that the fire resulted from the application of an open flame to available combustible materials, to include papers and/or plastics, contained within the metal wire laundry/grocery cart.”
The laundry/grocery cart was just a few feet from the playpen the child was in.
In an interview with police, Fonseca gave several different versions of what happened in the time leading up to the fire. She couldn’t answer why she opened a door to let a cat out during the fire but did not check on her nephew.
Fonseca denied starting the fire, although she was the last person in the room with him, the complaint states.
In Wisconsin, children ages 10-16 are charged in adult court for most homicide charges. Her attempt to have the case moved to juvenile court was rejected.
