Mother of San Jose toddler who died of fentanyl toxicity arrested

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(KRON) – Kelly Richardson, the mother of the 18-month-old girl who died due to fentanyl and methamphetamine toxicity, was arrested on a murder charge on Nov. 22, the San Jose Police Department announced Friday.

The toddler has been referred to as “Baby W.”

According to the Santa Clara County Medical Examiner-Coroner’s Office recorded a fentanyl blood concentration of 74 nanograms per milliliter in Baby W’s autopsy, according to the Santa Clara County District Attorney’s Office.

According to court documents, Richardson and her child’s father, Derek Vaughn Rayo, had fentanyl and opioids in their system at the time of their daughter’s death on Aug. 12. The parents also waited over 12 hours before contacting police, where San Jose officers responded to the 1500 block of Huddersfield Court for a report of an infant female who was not conscious and not breathing. The toddler was pronounced dead at the scene.

Parents of San Jose toddler who died of fentanyl toxicity charged with murder

Derek Rayo (San Jose Police Department)
Derek Rayo (San Jose Police Department)

Investigators seized multiple electronic devices from Richardson and Rayo’s residence.

Santa Clara County District Attorney Jeff Rosen discussed the evidence from the electronic devices: “These electronic devices were text messages, social media messages, and videos and photographs showing both of the defendants smoking narcotics in close proximity to Baby W on several occasions, a couple texted their concern about having dangerous narcotics around the baby to each other.”

Rayo has been in custody since August 13 for an unrelated warrant and was serviced with a homicide warrant on Nov. 21.

Rayo refused to leave his cell to appear in court Wednesday afternoon.

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