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Father appears in court

F.T. Norton

DAYTON – The father of a Dayton 2-year-old accidentally shot and killed by her brother appeared in court Thursday on two charges stemming from the accident and two additional felony charges.

Raymond Marquez, 43, was in Lyon County Justice Court for an arraignment on failure to register as an ex-felon and ex-felon in possession of a firearm,

gross misdemeanor child endangerment and conspiracy to file a false police report.

The child endangerment and false police report charges came after Marquez’s daughter, Amanda, was accidentally shot by her 14-year-old brother Aug. 21. The family reported to police Amanda was shot in a drive-by shooting. However, police did not believe that scenario and eventually the family allegedly admitted to fabricating the drive-by story to keep the boy out of jail. The girl died at the hospital a three days after being shot.

Three weeks later, an investigation into Raymond Marquez’s background revealed he had an alias of Raul Perez and was a convicted felon out of Illinois, said Lyon County District Attorney Leon Aberasturi. He said Marquez served three years in prison on a robbery charge. The additional charges were filed Wednesday.

Aberasturi said investigators heard through the community of Marquez’s conviction.

“It doesn’t change anything in this case,” Aberasturi said. “This in no way links him to the girl’s death. It does speak to how much time the family waited before reporting the shooting.”

Aberasturi said the girl was without medical aid for about 40 minutes on the night of the shooting, allegedly because the family was trying to think of a story.

“I think this information does change our theory on how we look at this case. It definitely raises some questions, but from what the coroner stated, the little girl’s wound was of a type that the time didn’t make a difference,” he said.

Marquez is free on a $5,000 bail.

Amanda’s mother, Cleotilde Montalbo, was also charged with conspiracy to file a false police report. She was never arrested.

A trial date has not been set.