Charges filed in Lyon County following toddler shooting

DAYTON - Parents of Amanda Marquez, the toddler who died after her 14-year-old brother accidentally shot her in the head, will face charges.

Lyon County District Attorney Leon Aberasturi filed charges in Dayton County Justice Court on Friday against Raymond Marquez, the child's father, for allegedly endangering a child as a result of child abuse or neglect and conspiracy to report a false crime.

Cleotilde Montalbo, the child's mother, was charged with one count of conspiracy to report a false crime.

The shooting occurred Aug. 21, and 3-year-old Amanda died Aug. 24 at Washoe Medical Center after she was removed from life support.

"The endangerment charge has nothing to do with firing of the gun," Aberasturi said. "The father actually waited between 20 and 40 minutes before calling a paramedic. That had to be answered for."

Based in information from the coroner, the delay had nothing to do with the girl's death, according to Aberasturi.

"That's why we couldn't charge him with manslaughter," he said. "We couldn't put the two together."

All charges are gross misdemeanors. The conspiracy charges stem from evidence that family members made a false report by first telling deputies the incident was a drive-by shooting.

"Several officers were called in and an innocent person was pulled over and interrogated," he said. "Someone was pulled over at gunpoint as a direct result of that false report."

The two could face a maximum 1-year prison sentence or probation for the charges. Arraignment is set for 9 a.m. Sept. 20 in Dayton Justice Court before Justice of the Peace William Rogers.

The Lyon County Sheriff's Office said Amanda died of injuries received when her 14-year-old brother shot her through the forehead in their Dayton home. The brother has not been charged.

When authorities were originally called to the home, the little girl was alert and conscious, even though the bullet passed through her brain. Raymond Marquez originally told deputies Amanda was sitting outside when someone drove by and shot her.

After examining the scene, investigators concluded the shooting had not occurred in the yard and pressed the boy and his father for more information. When confronted, father and son admitted to fabricating the drive-by story to protect the boy.

Amanda underwent brain surgery at Washoe Medical Center the night of the shooting and was listed in critical condition at the hospital the next two days. She died at 8:03 p.m. on Aug. 24.