Trial begins for Colorado Springs couple accused of causing toddler's fatal fentanyl overdose

Zachary Dupont, The Gazette (Colorado Springs, Colo.)
·3 min read
2

Feb. 7—"Cairo was always a happy baby, laughed a lot and had a big smile."

That's what the grandfather of Cairo Astacio and the prosecution's first witness said during the first day of trial against the Colorado Springs couple accused of allowing their 15-month-old child, Astacio, to die of a fentanyl overdose.

Joenny Manuel Astacio Ottenwalder, 36, and 29-year-old Kira Lee Davison, who was previously using the last name Villalba, are charged with child abuse causing death in the overdose of Astacio, who died in November 2021.

The trial began Tuesday morning with the jury first hearing the opening statements of the prosecution, as well as the defense attorneys for both Ottenwalder and Davison.

The opening statements were a glimpse into the main defenses of both Ottenwlader and Davison, namely, that the other parent of Astacio was more responsible for his death than the other.

Josh Tolini, one of the defense attorneys representing Ottenwalder, claimed during his opening statements that the night Astacio died he was being looked after by Davison, who was allegedly smoking fentanyl in bed before falling asleep.

Attorneys representing Davison during their opening statements argued that while Davison was asleep with their son, Ottenwalder was awake doing drugs with a friend and playing video games, neglecting to check in on Astacio during that time.

Both defense attorneys also spent time during opening statements to insinuate the charges against their client were too drastic, and that while both accept some blame for Astacio's death, they didn't knowingly or recklessly cause the death of their son.

Prosecutor Brien Cecil's opening statement claimed that the evidence presented over the jury trial will show that both parents were responsible for the death of Astacio, not just one, and that the high levels of fentanyl found in both of the couple's systems at the time of Astacio's death makes them equally liable.

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"Both Joenny and Kira allowed their son to die," Cecil said near the end of his opening statements. "The people ask that at the end of the case you the jury find both of them guilty."

Five witnesses testified in the opening hours of the trial on Tuesday to outline the state of the house the day Astacio died.

Davison's own father was the first witness to testify, and he stated that at the time of Astacio's death the couple were staying in his townhouse in Colorado Springs while he was in Arizona.

When he returned to Colorado after hearing from his daughter that Astacio had died, he found a black box containing a large quantity of drugs within the home, which he turned over to CSPD.

Several first responders and CSPD officers also testified on Tuesday to seeing signs of significant drug use within the house when they first responded to the scene. Additionally, Cecil claimed during opening statements that El Paso County Coroner Leon Kelly will testify later in the trial that Astacio had enough fentanyl in his system to kill a full-grown adult.

The trial is expected to last a week, with closing arguments aiming to be given on Friday.

Ottenwalder and Davison also face a separate case, in which both are accused of providing fentanyl to a 13-year-old girl who overdosed twice, has been delayed.

The second jury trial was scheduled to begin Feb. 13, but because of concerns over the two trials overlapping, as well as attorneys representing Ottenwalder saying they weren't ready, the trial date was rescheduled for July 17.

Both Ottenwalder and Davison face two counts of child abuse causing serious bodily injury, controlled substance distribution to a minor and contributing to the delinquency of a minor.

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