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East Palo Alto Baby Killer Suspect Charged As Adult; Appears In Court

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 This material may not be published, broadcast, rewritten, or redistributed.)

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