Brown County judge grants mistrial for teen accused of killing nephew in Green Bay house fire
GREEN BAY – The trial for a teenager accused of intentionally killing her 11-month-old nephew in a 2019 house fire ended Thursday night with a hung jury.
After about six hours of deliberation, the Brown County jury was unable to reach a verdict for Marciela Fonseca, now 19, who was charged with first-degree intentional homicide and arson of a building without owner's consent.
Charges were filed against Fonseca in March 2020, nine months after the June 7, 2019, house fire in the 2500 block of Wisconsin Avenue in Green Bay. She was 15 years old at the time of the fire.
According to a criminal complaint, officials determined that the fire started in the baby's bedroom on the second floor of the home. A metal wire laundry cart near the baby's playpen that he slept in was intentionally lit on fire, investigators said. They found a matchbook in the boy's bedroom and a lighter in the hallway, the complaint states.
The young boy died at a hospital after firefighters rescued him from the flames. He had severe burns ranging from first- to third-degree on his entire body, according to the complaint.
Family members said Fonseca notified them of the fire. She came downstairs and told them that "there was smoke and nobody was cooking, and she did not know where it was coming from," the complaint states.
The baby's mother, aunt and grandmother ran up to his room but were unable to reach him because of the heavy smoke.
The baby's mother told investigators Fonseca yelled at her and said that it wasn't Fonseca's responsibility to take her nephew out of the room. She said Fonseca told her that prior to the fire, Fonseca had been in the baby's room, went downstairs to get him a bottle, then returned to the room with the bottle and turned on a movie.
Multiple family members were treated for injuries at the hospital.
Police said Fonseca told them different versions of what happened that day. When police asked Fonseca why she opened a different bedroom door to let a cat out when she smelled a burning chemical scent but did not go check on her nephew in a neighboring room, she said she "didn't know and didn't think it was a big issue."
Fonseca and family members informed investigators that Fonseca had a history of issues handling her anger. Fonseca also told police at 6 years old that she tried to kill her younger sister by putting a pillow over her head. She also admitted that she started fires in houses on two previous occasions — once in a house in Milwaukee with friends and another time in her family's old house in Milwaukee, according to the complaint.
Brown County Child Protective Services filed a report in October 2018 revealing concerns that Fonseca was harming her younger siblings, the complaint says. In the report, Fonseca's mother said "she does not go to sleep until Marcelia is asleep because she is not sure what she will do to her siblings." In one incident, Fonseca choked her sibling.
The trial lasted nine days. Brown County Circuit Court Judge John Zakowski granted a mistrial Thursday. A status hearing is scheduled for 1 p.m. Dec. 12.
RELATED: Green Bay family mourns death of 11-month-old boy following Friday morning house fire
Contact Kelli Arseneau at 920-213-3721 or karseneau@gannett.com. Follow her on Twitter at @ArseneauKelli.
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This article originally appeared on Appleton Post-Crescent: Brown County judge grants mistrial for teen accused of killing nephew
