Carlsbad grandmother charged with grandson's fentanyl overdose in 2021 released from jail
A Carlsbad woman charged with the death of her grandson in 2021 was released from the Eddy County Detention Center (ECDC) May 9 on bond, according to Fifth Judicial District Court records.
Kellie Smith, 55, posted a $3,500 bond after Fifth Judicial District Judge Eileen Riordan signed release orders written by the Fifth Judicial District Attorney’s Office May 6, court records stated.
Smith and her daughter Alexis Smith,35, were arrested Sept. 28, 2021 by Carlsbad Police at a house on Western Way Street after 12-year-old Brent Sullivan was found dead in a shed on the property.
He died from an accidental drug overdose, according to the New Mexico Office of the Medical Investigator report, which noted Sullian had traces of fentanyl and methamphetamine in his blood.
Smith was the boy’s grandmother and Alexis Smith is the mother, Carlsbad police said.
Both women were charged with one count each of child abuse resulting in death and one count each of child abuse.
More: Court documents reveal details of Brent Sullivan's death as his mom and grandmother remain in jail
Wearing an ankle monitor, having no contact with witnesses or victims in the case and weekly drug and alcohol tests through ECDC’s Alternative Sentencing Unit (ASU) were some of the conditions for Kellie's release, per court records.
“She met all the requirements of the Court. She is to report to ASU, currently once a week and then maintain specific guidelines in her release concerning the initial charge of child abuse and neglect of a child resulting in death,” said ECDC Warden Billy Massingill.
More: Alexis Smith to face jury trial in fentanyl overdose death of son following probable cause ruling
Her defense attorney Gary Mitchell from Ruidoso said there are lots of restrictions and Kellie would honor the conditions set by the District’s Attorney’s Office.
“I feel comfortable with her defense,” he said.
Mitchell could not discuss specific matters of the case.
The Current-Argus requested comment from the District Attorney's Office but did not hear back.
More: City of Carlsbad update: Carlsbad mourns death of boy
Smith's trial is scheduled to start Sept. 1 at the Eddy County Courthouse in Carlsbad, per court records. Smith remained at the Eddy County Detention Center as of May 11, per the jail’s website.
She was held on no bail and no bond for abuse of a child resulting in death. Her trial is scheduled for July 1, according to jail and court records.
More: Drug use among Carlsbad's youth: Here's what the data shows
Mike Smith can be reached at 575-628-5546 or by email at MSmith@currentargus.com or @ArgusMichae on Twitter.
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This article originally appeared on Carlsbad Current-Argus: Kellie Smith released from jail trial pending in grandson death
