REDWOOD CITY (CBS SF) – A 17-year-old boy suspected of fatally shooting a 3-month-old baby in East Palo Alto early Sunday was arraigned in San Mateo County Superior Court Wednesday afternoon.

Fabian Zargoza, who has been charged with murder as an adult, appeared in court wearing a yellow jumpsuit, with his hair in two long braids. He did not enter a plea, and was referred to the public defender’s office for representation.

The victim’s parents, Ivonne Garcia Lopez and Oscar Jimenez, were present in the courtroom and sat surrounded by family during the proceedings.

Garcia Lopez sat in a wheelchair and wept.

Both parents were wounded in the shooting, which happened as they left a baby shower on Wisteria Lane at about 1 a.m. Their infant son, Izack Jesus, was shot in the head and later died at Stanford Hospital, according to East Palo Alto police.

Investigators believe Zargoza and another person fired shots at the family after mistaking them for Sureno gang members who had beaten up Zargoza in Redwood City on May 31.

In addition to murder, Zargoza has been charged with the special circumstance of lying in wait, two counts of attempted murder with the infliction of great bodily injury, and use of a firearm in the commission of the crimes, Chief Deputy District Attorney Karen Guidotti said.

He faces life in prison without the possibility of parole if convicted, Guidotti said.

Zaragoza, who is being held without bail in a juvenile detention facility, was scheduled to return to court on June 15 to enter a plea.

KCBS’ Mike Colgan Reports:

The youngest person ever tried as an adult in San Mateo County was 14-year-old Josue Orozco. A jury deadlocked in 2005 over whether he killed a rival gang member. Orozco was sentenced to 43 years in prison this year after pleading no contest to voluntary manslaughter and witness dissuasion.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

Comments (12)
  1. al says:

    right on ! give him the death penalty as well and complete it. Time to start making examples out of these low lifes. If they feel like they can take someone elses life, then they should face the executioner as well. But her will get life in prison. Eat, sleep, watch TV and enjoy a thug life for the rest of his life while we pay for it.

  2. MG says:

    Absolutely the right call… I would pass on the Death Penalty… Too many luxuries given to these people. This Kid will become a lonely used SOB in Jail.
    Fittingly So… Inmates hate child killers.

    Then, and only then will Justice be served. In all the tears this kid will have as he will be used and used in the system. Death is the easy way out.

    The Cowardly actions… He did not even look into the eyes of the people who he would ruin on that night.
    Zargoza’s parents… Where were you?

    1. al says:

      you are correct! death penalty is waay to easy. Life will feel like an eternity. Where were his parents? Typical mexican gang members parents. In denial – “What. my kids not in a gang” or just let them do as they please.

  3. Judith Shipstad says:

    I’m tired of hearing about teenagers being tried as adults. Either stick to the law or let them go.

    1. Julie says:

      You MUST be joking…or just a complete idiot….A “teenager” knows their actions as well as consequences – unless of course they have lived their lives in a jungle raised by tigers…. HE TOOK A BRAND NEW LIFE – A LIFE THAT NEVER BEGAN. He intended to KILL someone that night. I’m sick of people like you letting jerks go because it didn’t seem right. We need to stop feeling sorry for criminals and start protecting the VICTIMS

      1. BOB says:

        Right on Julie.

    2. al says:

      you sound like an idiot

  4. Christy says:

    You can’t try a child for murder in juvenile court. They have to be tried as adults. This little thug knows what he did was wrong and he deserves to rot in prison. He will be sent to juvenile hall until he is 25 and then either released or sent to adult prison. With all the over crowding he will be released when he is 25.

    1. Dixie says:

      Read the article Christy, he is being charged as an adult, and he’s facing life without parole.

  5. Sal says:

    California justice system is just too weak when it comes to dealing with crime like this. We should start death penalty for anyone who commits murderous crime such as this. Wake up California !!!

  6. JaneQPublic says:

    CBS Evening News just reported that defendant Fabian Zargoza is only 6 months away from reaching 18, the age of majority. By the time this comes to trial, he WILL be old enough to go to prison, assuming he is convicted.

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