South Bay couple charged in child’s death by fentanyl
“This is not a law enforcement official overreacting to an illegal substance. Fentanyl will kill you as easily as a bullet. It is killing the children of our community.” District Attorney Jeff Rosen
A South Bay couple has been charged with murder after their child died from exposure to fentanyl and methamphetamine, according to the Santa Clara County District Attorney's Office.
Prosecutors allege Derek Vaughn Rayo, 27, and Kelly Gene Richardson, 28, exposed their 18month-old child to fentanyl and methamphetamine inside their San Jose home, leading to the child's death in early August.
Officials said the child had been dead for several hours before Rayo called 911. Once in the house, investigators found fentanyl and residue on the couple's nightstand, desk and a rug, according to the district attorney's office.
Additional searches of the couple's electronic devices also showed messages and photographs where the couple was seen using narcotics near the baby and asking others to leave dangerous drugs in places the child could access, prosecutors said.
Officials said both Rayo and Richardson had fentanyl and other opioids in their system at the time that their child died.
This is the first time that the Santa Clara County District Attorney's Office is prosecuting a child's fentanyl-related death as a murder, but not the first time such a case has happened in the Bay Area.
In 2020, the Contra Costa County District Attorney's Office charged a Brentwood woman with murder and felony child abuse after her 2-year-old son died from fentanyl toxicity. Then in November 2022, a Livermore father was charged with murder after his almost-2year-old daughter died from fentanyl-related causes. Just last month, Fremont police arrested a woman on suspicion of murder after officials said her son died with large amounts of fentanyl in his system.
Santa Clara prosecutors are also working on a child neglect case against a San Jose father whose 3month-old daughter fatally overdosed in his home.
“As many of us gather with our families this week, please give a moment to think of W. Doe — this innocent child and her sad and stolen life,” District Attorney Jeff Rosen said in a statement. “This is not a law enforcement official overreacting to an illegal substance. Fentanyl will kill you as easily as a bullet. It is killing the children of our community.”