SAN JOSE, Calif. – A San Jose couple appeared in court on Monday to face murder charges after their 18-month-old daughter, known as Baby W. Doe, died from fentanyl poisoning. Derek Vaughn Rayo, 27, and Kelly Gene Richardson, 28, have become the first parents in Santa Clara County to be charged with killing their own child with drugs.
The devastating incident unfolded on August 12 when Rayo and Richardson waited over 10 hours after finding their daughter deceased before finally calling 911. Tragically, when emergency services arrived, Winter’s lifeless body was discovered on a bed in the master bedroom, covered with a rug. She had a staggering 15 times the lethal amount of fentanyl in her blood.
The courtroom was filled with tension as Richardson frequently glanced over her shoulder at Rayo, attempting to make eye contact, while Rayo avoided her gaze. The judge ordered them to remain in jail without bail. The couple did not enter pleas during the hearing.
According to investigators, blood samples taken from both Rayo and Richardson on the day of their daughter’s death showed the presence of fentanyl. The police discovered fentanyl residue on a nightstand and desk in the bedroom, as well as on a scraping tool beneath Winter’s body.
District Attorney Jeff Rosen emphasized the seriousness of the case, stating, Think of W. Doe…this innocent child and her sad and stolen life. This is not a law enforcement official overreacting to an illegal substance. Rosen added, Fentanyl will kill you as easily as a bullet. It is killing the children of our community.
The tragic incident involving Baby W. Doe is not the only case of fentanyl poisoning in San Jose. Just three months before Winter’s death, a three-month-old baby known as Baby Phoenix also succumbed to fentanyl poisoning in the city. The child’s father, David Anthony Castro, called 911 when he found the baby unresponsive. Baby Phoenix’s mother, Emily De La Creda, tragically died from a fentanyl overdose two months after their daughter’s death.
Prosecutors charged Castro with felony child endangerment and a special allegation of causing corporal injury to a child resulting in death. Tragically, despite the deaths of his girlfriend and infant daughter, Castro continued his drug activities.
If convicted, both Rayo and Richardson could face 15 years to life in prison for the murder of their 18-month-old daughter. The case highlights the dangers of fentanyl and the devastating consequences it can have, particularly when children are exposed to its lethal effects.
As the trial progresses, Santa Clara County hopes to send a strong message that the use and distribution of fentanyl will not be tolerated, especially when it results in the death of innocent children.
