By rssfeeds-admin 
Baby Winter was just 19 months old when she died from a fentanyl poisoning at home on August 12, 2023. Several hours passed before the baby’s mother, Kelly Richardson, and father, Derek Rayo, called 911, prosecutors said. Rayo alleged told the dispatcher, “We don’t know what happened to our daughter,” court records states.
The Santa Clara County District Attorney’s Office filed murder charges against the mother, father, and the parents’ alleged drug dealer, Phillip Ortega, who lived in their home at 1550 Huddersfield Court.
Last year, criminal proceedings against Richardson were suspended after her defense attorney declared a doubt to her competency, a judge ordered the mother to undergo a psychological evaluation, and she was released from jail.
In recent months, the 30-year-old mother was found mentally fit to stand trial. She was remanded back for criminal proceedings and re-booked into jail without bail. Richardson is currently in custody, inmate records show.
Richardson’s next court appearance is scheduled for July 28.
Ortega called a ‘baby killer’
One of the most shocking discoveries that homicide investigators made centered on Ortega. According to prosecutors, Ortega furnished fentanyl that killed both Baby Winter and a second baby, 3-month-old Phoenix Castro within months of each other.
Baby Winter was born on Christmas Eve 2021. Ortega lived with Winter and her parents for five months leading up to the baby’s sudden death. During that time, Ortega regularly furnished the parents with fentanyl and the trio used drugs together inside the house with Winter nearby, according to prosecutors.
Court documents state, “The parents regularly smoked fentanyl and other narcotics while holding Winter. This was all despite the parents’ knowledge of the extreme dangerousness of these drugs, confirmed in their police interviews and on the data from their (cellphones).” Rayo’s father worked as a drug and alcohol counselor, and Rayo had “numerous” friends die of fentanyl overdoses, prosecutors wrote.
Ortega is described in court documents as a “known narcotics dealer in Santa Clara County.”
“Prior to living with Mr. Rayo and Ms. Richardson, Mr. Ortega lived with and dealt fentanyl to a Mr. David Castro. Phoenix Doe died of fentanyl toxicity in May 2023,” court documents state.
Baby Phoenix died at home the day before Mother’s Day with fentanyl powder splotched on her pink onesie. Castro’s attorney’s are currently fighting for his case to be diverted out of criminal court and into mental health court. If the judge sides with the defense, Castro would be sent to a mental health treatment center instead of prison.
Investigators found messages sent to Ortega through his social media accounts and phone. In one of the messages, a woman who regularly bought fentanyl from Ortega called him a “baby killer,” according to court documents. The woman later told investigators that she had warned Ortega to not use drugs around Baby Winter while she was at the baby’s house.
“Mr. Ortega was blowing smoke all around the baby. (The woman) got mad and told Mr. Ortega that she didn’t do that around kids. Mr. Ortega told her it was not a big deal, stating, ‘I always do this. It’s fine, nothing’s going to happen to her,'” court documents show.
Baby Winter died within the next 48 hours, prosecutors wrote. When police officers and paramedics arrived at the home, Winter’s parents allegedly admitted that they realized the baby was dead for hours before they called 911 on August 12, 2023. They both tested positive for fentanyl and methamphetamine on August 13, 2023.
Winter’s parents initially claimed that they did not know what happened to their baby. Later, they said Rayo had accidentally fallen asleep on top of Winter.
A Santa Clara County coroner who conducted an autopsy concluded that Winter had lethal blood concentrations of fentanyl and meth. Just 3 ng/ml can be fatal in adults. Winter’s blood had 74 ng/Ml, the autopsy found. “No evidence of asphyxia was observed,” court documents state.
Prosecutors said investigators found an “endless string of text messages, social media messages, photographs, and videos” showing Rayo and Richardson using drugs around their baby.
Rayo, Richardson, and Ortega are scheduled to appear in court later this month to set a date for their jury trial. The trio has pleaded not guilty to murder, child endangerment, and drug charges.
Father’s attorneys want murder charge dropped
Rayo’s defense attorneys filed a new motion asking a judge to dismiss the murder charge before his trial begins. The attorneys argue that evidence presented so far by prosecutors is insufficient.
“Derek Rayo may not have been a perfect father, but he did not murder his beautiful daughter. The prosecution utterly failed to present evidence that Mr. Rayo … acted with a malignant heart that would give rise to liability for implied malice,” the defense team wrote.
A hearing will be held in August for Rayo’s defense attorneys to make its argument in court.
Defense attorneys claim that the parents did not immediately call 911 “because they felt there was nothing they could do for Winter as she had already passed.” Rayo and Richardson knew that co-sleeping with a young child could be dangerous, and they believed that was what caused Winter’s death, according to the defense.
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