GREEN BAY, WI (WTAQ-WLUK) — The case against a teen accused of setting a fire that killed her infant nephew is now in the hands of a jury.
Marcelia Fonseca is now 19 years old but was 15 at the time of the fire.
Prosecutors and defense attorneys made their closing arguments Thursday in the trial which began Oct. 16.
During the trial, prosecutors have tried to prove the fire was intentionally set, but the defense has focused on wiring issues in the residence.
A jury of six men and six women will decide the case.
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 the 11-month-old, named Apolinar. 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 Apolinar 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.
