>> Even the district attorney of Santa Clara County shocked tonight. Horrifying new details in the case of the killing of a three year old boy. Good evening. I'm Greg Lee, and I'm Cristina Rendon. >> In court documents released today, authorities reveal the three year old boy was shot while he was in his own bed at close range. KTVU Fox two reporter Mark Sayer is live at the Santa Clara County Hall of Justice tonight, where the suspect in this case was just arraigned. Mark >> Well, Christina, this is simply a heartbreaking case. The suspect made his first court appearance today, where a judge ordered him held in jail without bail. Prosecutors also released graphic new details today as part of their court filings. And even veteran prosecutors say all of this is very difficult to process. 24 year old Sergio Collin Gomez appeared in court wearing a brown jail jumpsuit. Gomez is formally charged with murder and assault upon a child under age eight. In the death of three year old Ivan Martinez Alvarado. Ivan was the son of Gomez's live in girlfriend, who prosecutors say was five months pregnant with his child. New details in court documents reveal Ivan was shot in the head from possibly just six inches away at this time, we believe that Mr. Gomez killed the child during an argument in which he believed that Ivan's mother had been cheating on him. >> Santa Clara police responded to the Riley Square Apartments, just off Lawrence Expressway around 2:30 a.m. Tuesday morning in a probable cause affidavit filed with the court in. >> Investigators say Gomez had been accusing the boy's mother of infidelity, demanding a yes or no answer over several hours when the mother went and locked herself in the bedroom with Ivan, Gomez broke in with a handgun, the mother says the shot was fired before she could reach for the handgun. He was in the child's life for about two years, and he was actively involved with the child. Santa Clara County District Attorney Jeff Rosen says. This is a very difficult case. >> It's a three year old child. Being murdered is not something that I can really comprehend. And I'm enormously upset by it, as I know everyone is. When adults are having an argument, as was happening here, and a gun is introduced into that argument and no good ever comes from it. >> Now, we did learn today that the gun allegedly used in this crime was legally owned and registered to Mr. Gomez, and was being stored inside the actual apartment where this murder occurred. And because Mr. Gomez was actively involved in the boy's life, as you heard the prosecutors say, there is a special statute under California State law, if you have care and custody of a child, there is a special charge for that. And because he was so involved in this boy's life and knew him well, the prosecutors have also applied that second charge. So again, a very difficult day in court here today. That is the latest from Santa Clara Courthouse. I'm Mark Sayer, KTVU, Fox two news Christina. Greg. Breaking hearing about this case. >> And Mark, is it possible that additional charges will be filed ? >> Yeah. Prosecutors do say that forensic investigator portion is still underway. There are still tests that are being run. They do say if they develop new information in this case. Absolutely The charges could be amended and additional charges could be filed. Right now, it is just the two charges that are being used to hold Mr. Gomez in jail without
