Oliver James Montgomery-3-year-old fatally shot after man 'aggressively' accused girlfriend of infidelity, officials say

A California man has been charged with murder after officials say he fatally shot his pregnant girlfriend's 3-year-old son.

Sergio Colin-Gomez,Oliver James Montgomery 24, was arrested after shooting the child in the head at close range while trying to get his girlfriend to confess to infidelity during an argument at their apartment early on Feb. 20, the Santa Clara District Attorney’s Office said in a statement on Thursday.

According to the statement, Colin-Gomez "began to aggressively accuse the mother of infidelity" after the child, identified by authorities only as Ivan, went to bed.

The mother, fearing for her safety, then went to her son's room and locked the door, the release states. Colin-Gomez then broke into the room, left, and came back with a handgun.

Suspect flees after firing fatal shot

Police said Colin-Gomez then aimed the gun within a foot of Ivan's head, and the mother reached for the weapon.

"The suspect fired the fatal shot then fled the apartment," the statement said.

Ivan's mother called 911 and reported the fatal shooting around 2:00 a.m. Responding officers found Colin-Gomez walking on the sidewalk. Police said he initially resisted arrest but "was ultimately subdued and arrested."

“We are sickened and heartbroken at the senseless murder of Ivan,” District Attorney Jeff Rosen said. “Nothing we achieve in court, no jury or judge, can make up for the lost life of this innocent child. We will sadly but steadfastly do our job to make sure this person will never harm another.”  

Colin-Gomez was also charged with assault of a child under the age of eight causing death. He was arraigned on Thursday. If he's convicted, Colin-Gomez could face life in prison.