Marcelia Fonseca is sentenced in Brown County court for setting a fire which killed her 11-month-old nephew, Ricky Fonseca, September 13, 2024. PC: Fox 11 Online
GREEN BAY, WI (WTAQ-WLUK) – After a hung jury couldn’t agree on a first-degree intentional homicide charge, Marcelia Fonseca accepted a plea deal Friday on a less-severe charge for setting the fire which killed her 11-month-old nephew – was sentenced to time already served.
Fonseca, now 20, was 15 at the time of the June 7, 2019, fire on Green Bay’s northeast side which killed Ricky Fonseca.
On Friday, she pleaded no contest to homicide by negligent handing of a dangerous weapon or explosive.
She was sentenced to four years of initial confinement, followed by five years of extended supervision. She also must perform 200 hours of community service, Judge John Zakowski ordered.
However, because of the time spent in custody, there is no additional time in custody that Fonseca has to serve. The offense she was convicted of has a maximum period of ten years in the prison system. A conviction of the original charge of intentional homicide would have meant a mandatory life prison sentence.
Family members of the victim brought signs to court with his picture and other phrases asking for justice.
Gabriel Juarez, Ricky’s father, was critical of how he believes his family was treated by the criminal justice system. He also addressed Fonseca.
“I hope that every day you wake up and you regret for what you’ve done. And although you are getting away with it in this life, you won’t escape it in the next. And I believe in karma, and whatever you put out into the universe will always find its way back. Maybe not today, maybe not tomorrow. But you won’t be able to escape it,” he said.
District Attorney David Lasee said he understood why members of Ricky’s family are upset with the resolution of the case but stands by the decision.
“The state felt it was important to accomplish the objective of having her accountable for a homicide offense. While this agreement is not satisfactory to the family – and I fully understand their position as to why this agreement is not satisfactory to them. If I were in their shoes, it wouldn’t be satisfactory to me. But I’m not in their shoes. I’m in the shoes of having to make a difficult decision about what’s the appropriate outcome for this case,” Lasee said.
Before the sentence was read, Fonseca apologized.
“I’m sorry that we’re all going through this,” she said. “When I was 15 years, I was out of control. Everybody has paperworks of it. But I’ve changed. Mentally, I’m not crazy anymore. I’ve been going through therapy I’ve been taking my medication. I’ve been sober. I’ve been doing everything right. I just would like the chance to keep staying out and being with my family.”
Judge Zakowski said he has seen a change in Fonseca from her initial recorded interview with police to now.
After the sentence was read, some in the courtroom were vocal in expressing their displeasure with the sentence, including one person who said “Shame on you, judge,” and another who yelled expletives at Fonseca.
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.
After a trial last October, the jury was unable to reach a unanimous verdict — seven jurors voted for a guilty verdict, five for acquittal — so a mistrial was declared.
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