GREEN BAY, WI (WTAQ-WLUK) – Prosecutors will be allowed to use a statement to police given by a teen who allegedly set the fire which killed her 11-month-old nephew.
Marcelia Fonseca – now 18, but 15 at the time of the fire – is charged in adult court with arson and first-degree intentional homicide for the June 2019 fire on Green Bay’s northeast side.
The defense objected to the use of the statement, given in the hours after the fire. But Judge John Zakowski ruled Thursday it was not a custodial situation, and will allow the statement to be used.
The defense may pursue an appeal of that decision before the trial, said one of her attorneys.
Judge Zakowski also ruled that evidence of several other so-called “bad acts” by Fonseca before the fire were too unrelated to be allowed to be presented to the jury.
Deputy District Attorney Wendy Lemkuil said law enforcement has received additional evidence about statements Fonseca may have made admitting to intentionally starting the fire, but the defense said it has not received that yet. Those statements may be addressed at another hearing.
The trial is currently scheduled to start May 31, and last four days. If convicted of the homicide count, Fonseca faces a mandatory life prison sentence.
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. He is only identified by his initials.
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.”
“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 complaint says.
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. She denied starting the fire, although she was the last person in the room with him, the complaint states.
In Wisconsin, those ages 10 and older charged with homicide are prosecuted in adult court. Fonseca’s request to have the case moved to juvenile court was previously denied.
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