Murder charge dismissed against parents of child who died of fentanyl poisoning
A judge has dismissed the murder charge against the parents of a one-year-old, who died after ingesting a massive amount of fentanyl.
A grand jury indicted the parents Alonzo Montoya and Nicole Casias on several charges including first-degree murder, participating in a drug trafficking enterprise as well as child abuse resulting in death.
A judge has since dismissed the murder charge after the defense requested a review of the evidence.
According to the judge's order reviewing Casias's case, he determined there was not enough evidence to show that the parents knowingly caused the death of their little girl.
The court document includes information not included in the indictment about how the 22-month-old died, video from inside the home showing the parents smoking the drug, with fentanyl sprawled out on a bed, while the child was in the room.
The evidence shows the child had been exposed to the drug for nearly an hour before the mother left the room, changes the child's diaper, gives her a sippy cup and turns on the mobile in the child's bedroom before putting her to sleep.
That portion of the evidence the order says this evidence is not consistent with a finding that the defendants knowingly caused the death of their child.
The order continues, "For over six hours this child struggled to stay alive. She cried, coughed, and gasped for breath as her lungs filled with fluids. Yet, no one came in to help her. This evidence is shocking in its disregard for the child's well-being. But, it does not demonstrate that the Defendants were practically certain that their acts would result in the victim's death.
An autopsy to determine the cause of death found the child died from fentanyl poisoning after ingesting 10 times the amount it would take to kill an adult.
In a statement responding to the judge's decision the District Attorney for Adams county says "they are studying the judge's ruling."