Marcelia Fonseca (Brown Co. Jail)
GREEN BAY, WI (WTAQ-WLUK) — Less than a week after being released from custody on a sentence for setting the fire which killed her nephew, Marcelia Fonseca allegedly committed a parole violation by getting in a disturbance, and then was charged for resisting arrest on the warrant for that violation, according to charges filed Friday.
Fonseca was 15 years old when she was charged in adult court with intentional homicide for setting the June 7, 2019 fire on Green Bay’s east side which killed her 11-month-old nephew, Ricky Fonseca. Her first trial ended with a hung jury. Rather than go to trial again, she was convicted last week of a homicide by negligent handing of a dangerous weapon or explosive. Because that count carries a maximum of ten years in the prison system, she was sentenced to four years of initial confinement and five years of extended supervision. However, as she had already served four years in custody while waiting for the case to be resolved, she was released from custody last week.
According to the criminal complaint, police were called to the Probation and Parole office in De Pere on Thursday, as there was an arrest warrant in the system for a parole violation “related to a disturbance she was involved in a week prior.”
Officers approached Fonseca, 20, to arrest her.
“She immediately started to verbally resist. She turned her back to a hallway wall and started to say “for what.” She was told multiple times she needed to turn around so she could be taken into custody. She refused keeping her back pinned against the wall. Eventually Officer Macrander, Sgt. Schnurer and some DOC staff had to physically restrain her and turn her around so she could be properly handcuffed behind her back. I heard Sgt. Schnurer state loudly “you are under arrest!” She continued verbally and physically resisting officers attempts to handcuff her by straining her hands and arms and pulling away. She was eventually handcuffed by Officer Macrander but continued to verbally resist continuing to say “for what” and “you need to tell me what I’m being arrested for.” Even after she was told she had a warrant and told about the disturbance she continued to tell us we needed to tell her what she was being arrested for. She continued to push and pull away. While Officer Macrander was handcuffing her and because she was physically resisting,” the complaint states.
The confrontation then continued.
“Even while in handcuffs while being escorted out to the parking area and while being searched and seated in the squad she continued to verbally and physically resist by pulling and pushing away i.e. trying to get out of the grasp of officers, continuing to question the arrest by yelling etc… I took over for a probation officer on Fonseca’s right side while she was being searched. She made a statement similar to this being her time to resist what we were attempting to do. She was eventually searched and seated in the back of Officer Macrander’s squad. She even resisted Officer Macrander’s attempt to put her seat belt on,” the complaint states.
The complaint does not offer details about the disturbance which prompted the arrest warrant, and online court records do not show any charges.
Fonseca made an initial appearance Friday on the misdemeanor resisting charge, entering a not guilty plea. A final conference was set for Oct. 21. A signature bond was set, although the probation hold continues and she was still in jail Friday afternoon.
If convicted, the resisting charge carries a maximum sentence of nine months in jail. However, because of her felony conviction, an additional two years behind bars could be added.
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