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San Jose Parents Convicted of Second-Degree Murder in Toddler’s Fentanyl Death

The first-of-its-kind verdict in Santa Clara County signals a tougher stance on fentanyl-related child deaths.

Overview

  • A Santa Clara County jury on Friday convicted Derek Rayo, 29, and Kelly Richardson, 31, of second-degree murder in the 2023 death of their daughter, Winter.
  • They were also found guilty of multiple felony child endangerment counts and now face potential sentences of 15 years to life in prison.
  • An autopsy found about 25 times the lethal amount of fentanyl in the child’s blood, with more of the drug undigested in her stomach.
  • Prosecutors said the couple left fentanyl and methamphetamine within the toddler’s reach and waited more than 11 hours to call 911.
  • Alleged supplier Philip Ortega has been charged with murder in a pending case, reflecting a broader push to hold caregivers and dealers criminally liable in fentanyl-linked child deaths.