Charge Possible in Fetus Death

An Oxnard man suspected of fatally shooting his pregnant, 15-year-old girlfriend could face an additional charge of killing the girl’s unborn child, authorities said Friday.

Edgar Alberto Fuentes, 22, was arrested late Thursday after hours of questioning in the shooting of Gabriela “Gabby” Maldonado, police said.

The Oxnard High School sophomore who was slain Tuesday was seven months’ pregnant, making Fuentes eligible for an additional murder charge, authorities said.

“At this point, I don’t know if he will be charged with the murder of the baby,” said Ventura County Sheriff’s Capt. Keith Parks. “She was shot in the belly and the head, but we don’t know if the shot to the belly was intentional to the baby . . . Until the investigation goes on, we won’t know what other charges will be filed.”

Gabby’s mother, Maribel Contreras, 34, learned of Fuentes’ arrest Friday. She said she did not know much about the man who was dating her daughter.

“I only know him from a distance,” Contreras said. “I don’t know if he’s the guilty one, but either way, it’s not going to bring my daughter back.”

Contreras had last seen her daughter in early September. Gabby, who was restless and prone to running away from home, had been living with a friend a few blocks from her mother’s home.

Those friends last saw Gabby arguing with Fuentes about 8:30 p.m. Tuesday.

Her body was found the next morning, face down in the dirt by Victoria Avenue with one bullet wound to her head and another to her pregnant belly.

State law allows for prosecution for killing a fetus, said Senior Deputy Dist. Atty. Richard Holmes.

Holmes, who supervises major crimes prosecutions, could not comment on the Fuentes case, but said the prosecution’s decision in such cases at one time hinged on whether the fetus was viable outside the womb.

In 1994, however, the California State Supreme Court ruled that viability was not an issue, Holmes said. The court ruled in the People vs. Davis that the fetus must only be in a post-embryonic state, or seven to eight weeks into the pregnancy, he said.

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Because Gabby’s pregnancy was well into its third trimester, the question of whether the fetus could have survived outside the womb is moot, sheriff’s officials said.

Authorities could not confirm Friday whether Fuentes, who police described as a gang member, was the father of the child. If tests prove that the baby was his, Fuentes could also face statutory rape charges, Parks said.

Fuentes, who did entry-level work for an Oxnard temporary employment agency, is on probation for a 1994 armed robbery. According to court records, Fuentes was sentenced to 240 days in Ventura County Jail and five years’ probation for stealing a bicycle from a 14-year-old Oxnard boy. He threatened to stab the youth during the incident.

Last June, Fuentes violated the terms of his probation by hanging out with gang members and for drinking. Two days later he was stopped by Ventura County sheriff’s deputies who found him in possession of a plastic toy gun, two large screw drivers and a bag of marijuana.

Fuentes’ probation officer, Eduardo Miranda, noted in a report in Fuentes’ court file that he was placed back on probation and told it was his last chance.

Fuentes denied to Miranda that he was a gang member, although authorities maintain he is a member of a La Colonia gang. Fuentes told Miranda that he would go to Mexico after he served out his probation to get away from what he called police harassment, court records show.

Fuentes is being held at the County Jail and is scheduled to be arraigned Monday on murder charges. His bail is set at $250,000.

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Fuentes met Gabby about seven months ago, said Alvina Rodriguez, 25, who let Gabby live with her and her family.

Rodriguez said she last saw Gabby about 8:30 p.m. Tuesday arguing with Fuentes. She does not remember what they were arguing about but heard a lot of cursing. The two left together and that was the last time she saw Gabby, Rodriguez said.

Fuentes told Rodriguez in a phone conversation Wednesday that he had gone out with Gabby and then dropped her off back home about 11 p.m. He told Rodriguez that he watched Gabby walk over and talk to two girls who were standing by a white car that had its engine running.

But Rodriguez said Gabby never came home that night.

Gabby started living with Rodriguez about a year ago in a modest La Colonia home, just a few blocks from her mother’s home.

Gabby had met her boyfriend while walking down McKinley Street near her mother’s home. Fuentes was with a group of young men driving by in a car and whistling at her. He was the quiet one in the back seat, Rodriguez said. Few of Gabby’s friends ever saw Fuentes, who did not call very often, and seldom visited. When Gabby wanted to talk to her boyfriend, she had to page him.

Rodriguez said Gabby had moved out of her mother’s home because she wanted to be on her own. When she moved in with Rodriguez, Gabby was lonely, had few friends and was occasionally suicidal, Rodriguez said.

That all changed when she became pregnant, Rodriguez said, because Gabby was happy she was going to have a baby.

As part of their investigation, detectives are looking for anyone who may have seen a car parked next to Victoria Avenue at the Santa Clara River bridge Tuesday evening. Anyone who may have seen something is asked to contact Sgt. John Fitzgerald at 654-2824 or the Sheriff’s Department dispatch line at 654-2311.

Times staff writers Fred Alvarez and Tracy Wilson contributed to this article.