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Family of baby killed by gunfire looking for justice

Relatives say the mother of an 8-month-old baby who died after an accidental discharge of a gun had been assaulted before.

SAN ANTONIO — Family members affectionately called 8-month-old Rosalinda Martinez "Pumpkin."

The round-faced baby appears happy in family photos of better days. But now her loved ones are planning for her funeral and wondering whether there will be justice for the little girl who they said never had a chance.

Police say Rosalinda was shot to death Tuesday during a domestic dispute in a northeast-side apartment. Investigators say the child's 21-year-old mother and 20-year-old father were arguing over possession of a handgun when it went off.

Relatives rushed them to the nearest hospital, just blocks away, but valiant effort to save the baby failed. The mother was eventually released from the hospital in the coming days. 

Family members said the couple had a troubled history, adding their sister was manipulated by her partner.

Court records confirm the man was out on bond for a February incident in which he was charged with assault of a pregnant person.

The family said the woman is now pregnant with a second child, a boy, and that doctors tell them the child is safe while his mother recovers. Court documents indicate there was a no-contact order in place to keep the man away from the woman, but it was ignored. 

Relatives said the woman was often verbally and physically abused, but not strong enough to make a break.

Andrea Mendoza, the woman's sister, said the fatal confrontation took place in her apartment.  

"I can't even go into my own apartment," Mendoza told KENS 5, while trying to stifle sobs. "My sister's baby's stuff is everywhere! It's heartbreaking."

"My sister was literally beaten by him."

Heaping hardship on the heartache, Mendoza said soon after they found out about the baby's death, she was served with an eviction notice. She said the first paperwork they received ordered them to vacate their home by midnight, but the apartment complex relented a bit and instead gave them 10 days to leave.  

Mendoza called it unfair to be punished because her sister and niece are victims of abuse.

Family members say they're now deliberating over how to raise money to bury the baby and relocate. They said plans for a plate sale are underway.

As of April 17, police said there have been no arrests in the ongoing investigation.

The crisis hot line/emergency shelter is available 24/7 and can be reached at (210) 733-8810. 

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