'She knew he was using,' state says as trial begins for mother of boy who died of overdose
Alexis Murray Smith kept her gaze trained downward on the table, dabbing occasionally at her eyes with a tissue as she was accused of child abuse resulting in the death of her son.
Her trial began Tuesday with testimony from witnesses called by the prosecution as it attempted to portray the mother of five as responsible for 12-year-old Brent Sullivan’s fatal fentanyl overdose.
Police found Sullivan unresponsive after ingesting the drug at the home of Murray Smith’s mother Kellie Smith Sept. 28, 2021, and was later pronounced deceased.
More: Child abuse trial from Brent Sullivan's deadly overdose starts Monday. Here's what to know.
Both Murray Smith and Smith were charged with a count each of child abuse resulting in death and child abuse not resulting in death as Murray Smith’s infant daughter was also present in the home where police said drugs were used and available.
The two women were admitted drug addicts and accused of trafficking fentanyl and knowingly allowing Sullivan and the infant access to the drug, with Smith’s trial scheduled for Nov. 11.
Prosecutors called several officers from the Carlsbad Police Department, who responded to the scene where Sullivan was found and ultimately declared dead, to describe the home and investigation after the boy's death.
More: Trial delayed for Alexis Murray, mother of Brent Sullivan who died of fentanyl overdose
The State also called Christopher Murray, Murray Smith’s ex-husband and father of three of her children to describe the allegedly changing conditions in the family as Murray Smith’s drug addiction took hold.
Of the 12 jurors and two alternates, only one was a woman.
District Judge Lisa Riley called for the trial to continue Wednesday morning after an overnight recess.
Here’s what to know about the first day of the Alexis Murray Smith’s child abuse trial in Eddy County District Court.
More: What to know as Brent Sullivan's mother faces trial for son's death from fentanyl overdose
Case is about ‘about parenting,’ prosecution says, while defense argues Murray Smith a victim of addiction
Assistant District Attorney Megan Kirtley began the trial by describing Murray Smith’s addiction to fentanyl, and how it wove its way into her family life and lives of her five children.
She said Murray Smith knowingly exposed her children to drug use both by her own actions, and by leaving them in the care of her mother, and knew Sullivan was using the drugs that ultimately ended his life.
“This is a case about parenting,” Kirtley said during opening arguments. “Specifically, what does it mean to be a parent. In this case you’re going to hear about how Ms. Smith knew she had a drug problem. You’re going to hear about how she knew her son was using drugs.”
More: With fentanyl deaths rising, New Mexico lawmakers look for solutions to fight trafficking
Kirtley noted Sullivan had overdosed twice before the third and final time, and that Murray Smith did not seek medical treatment for her son, administering Narcan both times.
“He’s 12 years old,” Kirtley said. “She was aware Brent had gotten into her drugs. She was aware he was using. The solution was not let’s take him to a hospital. Let’s take him to a house full of drugs. Let’s take the baby, too. Brent didn’t make it this time.”
Defense Attorney Todd Holmes said Murray Smith was a “good mother” for about 10 years before falling victim to an addiction he characterized as part of the broader opioid problem in New Mexico and the nation.
More: Carlsbad grandmother charged with grandson's death back in jail after violating bond
He said his client turned to drugs in 2021 after her ex-husband Christopher Murray allegedly cheated on her.
“Fentanyl kind of numbs that pain. Numbs that hurt,” Holmes said. “That’s where fentanyl entered Lexi’s life. It’s a community problem, it’s a statewide problem. You’re going to hear a lot of bashing Alexis, that she was a bad mom, a bad person. She wasn’t trafficking fentanyl. Was she using? Yeah.”
He described Murray Smith as a mostly responsible mother of five, even as her marriage struggled, arguing she was seeking rehab for herself and Sullivan when he died.
More: Carlsbad grandmother charged with grandson's fentanyl overdose in 2021 released from jail
“Lexi was doing it all. She was a good parent,” Holmes said. “It’s the roughest thing anyone can go through in life to lose a child. Lexi was trying. Intentionally dropping him off at a house for him to die? That doesn’t make sense. She thought it was a safe place.”
Police witnesses describe ‘narcotics house’ where boy was found dead
Several officers and detectives from the Carlsbad Police Department were called to testify and give their observations while on scene and during the subsequent investigation, describing a home largely in disrepair with several outbuildings on the property.
The prosecution attempted to show that the house in the 2400 block of Western Way where Sullivan was found overdosing was where several people used drugs.
Officers said multiple people were either in or around the house when they responded and cleared the home and shed where Sullivan was found and unsuccessfully administered CPR.
Bodycam footage of Sullivan’s lifeless body while an officer attempted to revive him was played for the jury, and several photos from within the house were shown, displaying drugs, paraphernalia and a two-pound scale.
Bryce Chambers, then a corporal with the police department and now a deputy with the Eddy County Sheriff’s Office described the house as a “narcotics house” from the stand.
More: Court documents reveal details of Brent Sullivan's death as his mom and grandmother remain in jail
The defense objected to this, arguing it was speculation.
Riley called for a “foundation,” asking Chambers to describe generally what he meant by a “narcotics house.”
“The house was on par with other houses I’d pulled narcotics out of,” Chambers said. “In my opinion, they care more about the drug than the condition of the house.”
911 caller says Sullivan was ‘having problems’ ahead of his death
Testimony was also given by John Rauch, who was identified as the 911 caller the day of Sullivan’s death.
He was a friend of Smith and was staying at the house at the time of her grandson’s death.
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After calling 911, Rauch said he left the scene and was later apprehended by police at a nearby McDonald’s and brought back to the scene for questioning.
He admitted on the stand he gave police a false name “Eric Lopez” to avoid being arrested for active warrants.
On the day of the incident, Rauch said he arrived at the house after Sullivan had become unresponsive and described a chaotic environment.
“Immediately, when I walked in the house, everyone was in disarray,” Rauch said. “I said if this boy is going to live, we need to call 911, so I grabbed the phone. It was the only chance he had of living.”
Rauch, an admitted drug user, said he’d stayed at the house for about a week up until the incident, and was asked to talk to Sullivan as he was “having problems.”
He testified that the boy was given “some supervision” while at the house and said he’d likely used drugs with Smith the day before her grandson was found dead on her property.
“They said he was having some really bad problems,” Rauch said. “He seemed down. He didn’t really want to talk. He just sat on the couch.”
Ex-husband testifies to family’s struggles as defendant became addicted to fentanyl
Christopher Murray, the defendant’s ex-husband was called to testify as to the state of Murray Smith’s drug addiction and the effects it had on their family.
The couple met in April 2011, he said, and was married a year later.
As Murray was able to get a higher-paying job than he had when they met, Murray Smith became a stay-at-home mom to their children and Sullivan who was from a past relationship.
He said the couple began having “marital issues” in late 2019, and that he found out September that year that the baby they’d had was not his.
Murray told the jury he became aware Murray Smith was using drugs including fentanyl in 2020, and that it impacted her ability to parent the children.
“She slept a lot more. You couldn’t wake her up a lot of the times,” he said. “She was either late or running late most of the time.”
Murray said he attempted to get his wife at the time treatment, but she only stayed in a facility for “less than 24 hours.”
“Initially, I wanted to help her lower her use,” he said.
He said he ultimately moved out of the family home in January 2021, and the couple’s divorce was finalized that November.
After he moved out, Murray said his ex-wife “seemed like she wanted to keep the kids away from me,” and he occasionally picked them up from their grandmother’s home on Western Way where Sullivan was found dead, aware of Smith’s drug problems.
“Kellie was prescribed a lot of medication, and it was easily accessible to our daughters,” Murray said. “That was a concern for me. I didn’t like that.”
On the day of Sullivan’s death, Murray said officers called him to pick up the family car, a 2016 Honda Pilot he left with Murray Smith when moving out.
Murray said he soon found drugs in the car and returned it to police.
When showed a school picture of Sullivan at age “9 or 10,” Murray choked back tears.
Murray Smith’s expression held stoic when the image was projected on a screen for jurors.
Holmes described a “good happy family” for almost 10 years, and Murray agreed.
The defense attorney pointed to a misdemeanor battery charge Murray incurred involving his ex-wife in January 2021, for which he completed a diversion program successfully.
What’s next?
The case was called to recess amid testimony by evidence technician Trey Thompson of the Carlsbad Police Department. He will continue his testimony on Wednesday.
Still on the witness list is Kellie Smith, Sullivan’s grandmother and whose property he died on.
Also on the witness list are several other believed friends and associates of the defendant and her mother and law enforcement witnesses involved in the case, and forensic experts.
The trial is expected to continue until Friday.
Stay with the Carlsbad Current-Argus for more coverage of the trial.
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.
This article originally appeared on Carlsbad Current-Argus: Ex-husband testifies to mother's fentanyl use during child abuse trial
