Trial of Fresno man accused of shooting baby in 2019 nearing end

FRESNO, Calif. (KFSN) -- The trial for the Fresno man accused of shooting a baby in the head in Central Fresno is nearing the end as the prosecution rested their case.

Marcos Echartea appeared before a judge on Tuesday for day four of his bench trial.

The 27-year-old is accused of firing a gun into a car three times in Central Fresno back in 2019.

One bullet went through the driver's side window and hit a 10-month-old in the head, while she was sitting in her mother's lap.

On Tuesday, the prosecution brought multiple witnesses to the stand.

Megan Gallagher is the Senior Criminalist for the California Department of Justice Bureau of Forensic Services at the Central Valley Crime Lab.

She examined evidence from the crime scene.

She said Echartea's hands were exposed to gunshot residue within hours of the shooting.

"While in hand samples because we are moving our hands around, we typically don't see gunshot residue after a few hours after exposure to gunshot residue," she said. "I could assume that those hands were exposed to gunshot residue within four to six hour."

The defense tried to poke holes in that evidence by suggesting Echartea could have had gunshot residue on his hands, but didn't necessarily pull the trigger.

"There are scenarios where a person who didn't actually shoot the gun pull the trigger so to speak," Defense Attorney Jane Boulger said.

"Gunshot residue can end up on a person's hands from either firing a weapon or handling a firearm or ammunition or being nearby when a firearm is discharged or touching a surface that has gunshot residue on it," Gallagher responded.

The night of the shooting, there was a party near Hammond and Millbrook in Central Fresno.

The prosecution says Echartea took a romantic interest in the baby's mother.

Authorities say the woman rejected Echartea, and he shot at her while she was in the car with her baby as retaliation.

Thankfully, the baby girl has since made an incredible recovery.

Echartea will be back in court Wednesday morning at 9 am.