The San Mateo County District Attorney's office filed charges Wednesday against 17-year-old Fabian Zaragoza in the triple shooting that left a three-month old baby dead over the weekend.
The D.A. said Zaragoza was the shooter in the high profile case that also injured the baby's parents. The family was leaving a baby shower early Sunday morning in East Palo Alto when they came under a hail of bullets.
Chief Deputy District Attorney Karen Guidotti said, "Mr. Zaragoza has been charged as an adult with murder, with special circumstances of lying in wait, two counts of attempted murder with infliction of great bodily injury, and use of a firearm in the commission of these offenses."
His first court appearance is scheduled for Wednesday afternoon.
Izack Jesus Jimenz Garcia died from a gunshot wound to the head. His mother and father were also hit by bullets, but their wounds were not life threatening.
Acting police Captain Jeff Liu said on Monday that the shooting was a case of mistaken identity.
Liu said Zaragoza was attacked in Redwood City on May 31 by a member Sureno gang. Lui said the suspect thought the person who attacked him was at the party in East Palo Alto.
"Our investigation tells us that the suspect that we've arrested saw two individuals on Wisteria he believed to have participated in the crime in Redwood City," Liu said.
Liu said police believe the teen and a cohort armed themselves and opened fire as the family left the house party. Liu said the shooter was mistaken and shot the wrong person making the triple shooting an apparent case of mistaken identity. The family who was hit is from Redwood City, but police said they were not part of any attack at the end of May.
Wells Fargo bank has set up a fund where people can donate to help the family pay for the baby's funeral expenses.