Alleged dealers face murder charge in fentanyl death of toddler in San Jose

A pair accused of dealing drugs were charged with murder for their alleged part in the fentanyl overdose death of an 18month-old last year, prosecutors announced Thursday.

Phillip Ortega, a 31year-old Gilroy resident, and Paige Vitale, a 32year-old San Jose resident, were accused of providing and sharing “a steady supply of opioids” with the child’s parents in the presence of the infant, the Santa Clara County District Attorney’s Office said.

Ortega and Vitale were accused of consistently supplying the parents with fentanyl and methamphetamine. Prosecutors said the child wandered inside a “drug-littered” home in San Jose, where the dealers allegedly left opioids and drug paraphernalia out in the open.

The infant, whose name was Winter, died last August. Her parents, Derek Vaughn Rayo and Kelly Gene Richardson, waited more than 12 hours before calling 911 to report that their child was dead, prosecutors said.

Rayo and Richardson were also charged with murder last year, becoming the first in the county’s history to be charged with killing their own child with drugs, prosecutors said.

“The fatal irresponsibility of the people around Baby Winter is shocking — and it is criminal,” District Attorney Jeff Rosen said in a statement. “We will hold accountable anyone whose recklessness ended the life of that poor little girl.”