Police say he was arguing with the baby’s father over possession of a gun while he was holding the baby.
SAN ANTONIO – Police say they have arrested a mother and father whose daughter was shot and killed when the two fought over a gun.
Ruby Marie Mora, 21, and Alejandro Dominic Martinez, 20, are facing charges of recklessly harming a child after their daughter, Rosalinda Martinez, died on April 12. Martinez reportedly fled the scene at gunpoint and was not arrested until May 6.
Police say the father had the mother’s gun and she wanted it back.
Detectives say he had just taken the woman off work, so she didn’t initially have her baby.
According to arrest affidavits, a witness was with the child when he heard the argument between Mora and Martinez grow louder, and he took the child outside when he checked on them. At that point Mora grabbed her daughter as she continued to argue with Martinez.
The warrant says Mora was asking for his gun back, and he had the gun in his belt. Police say he was sitting in a vehicle and she was standing with the child when they started fighting over the gun.
The witness said Mora held the baby in her right arm and reached for the car with her left hand, and saw them pulling back and forth until she heard a shot.
Mora and the baby were both shot.
The 8-month-old was taken to the hospital where she died the same night.
Mora, who was shot in the hand, was released from hospital about a week later and was arrested that night.
Family members say Martinez had assaulted the woman in the past and was out of jail on bail for a previous assault.
Indeed, officers said Martinez should not have been in contact with Mora or possess a firearm per his bond terms.
The arrest warrant says he took the gun with him from the scene and remained on the run until arrested on May 6. He is accused of assaulting a pregnant person, violating his bond and reckless injury to a child.
Photos shared by Rosalinda’s family with KENS 5:
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