As extra kids die from fentanyl, some prosecutors are charging their dad and mom with homicide

SANTA ROSA, Calif. — Madison Bernard climbed into mattress earlier than daybreak together with her toddler, Charlotte, who was asleep subsequent to a nightstand strewn with straws, burned tinfoil and a white powder.

Hours later, the mom woke and located her daughter struggling to breathe, in response to investigators who described the scene in courtroom paperwork.

After being rushed in an ambulance to a hospital, the 15-month-old woman died from a fentanyl overdose. Her mom and father, whom authorities stated introduced the medication into their California residence, had been charged with homicide and are awaiting trial.

The couple has pleaded not responsible however are a part of a rising variety of dad and mom throughout the U.S. being charged amid an escalating opioid disaster that has claimed an growing variety of kids as collateral victims.

Some 20 states have so-called “drug-induced homicide” legal guidelines, which permit prosecutors to press homicide or manslaughter costs towards anybody who provides or exposes an individual to medication inflicting a deadly overdose. The legal guidelines are meant to focus on drug sellers.

In California, the place the Legislature has didn’t move such legal guidelines, prosecutors in not less than three counties are turning to drunk driving legal guidelines to cost dad and mom whose kids die from fentanyl overdose. It’s a singular strategy that can quickly be examined in courtroom because the circumstances head to trial.

Supporters of the ramped-up enforcement say that by now those that use the artificial opioid know the lethality of the drug and, like drunk drivers, they need to know the results of exposing their kids to their actions.

Critics say the dad and mom didn’t intend to kill their kids however as a substitute made poor selections due to their addictions and are being additional punished as a substitute of being provided assist.

The debate comes because the nation battles with how one can successfully diminish the usage of the extremely accessible and intensely lethal drug.

Authorities consider a few of the kids died after touching one thing with the powdery substance after which touching their eyes or mouth. In one case, the drug could have been on the fingers of a mum or dad who ready the child’s bottle. The drug will not be absorbed into the pores and skin however specialists say it may be deadly if as little as 2 milligrams, in regards to the weight of a mosquito, enters the physique.

“These are tragic cases because drug addiction has destroyed a precious life and the parents face the consequences of their reckless actions,” stated Charlie Smith, the highest prosecutor in Frederick County, Maryland, and president of the National District Attorneys Association.

Parents can also face costs if younger kids turn into severely unwell or die from crack, heroin and cocaine, however such circumstances are uncommon as a result of a sizeable quantity have to be ingested, Smith stated.

“This is really a first in the history of our country because we have a drug on the streets that can potentially kill you instantly with a minor amount of product,” Smith stated.

Prosecutors have a troublesome choice to make when figuring out whether or not to cost dad and mom, however Smith stated the objective is to discourage others from doing the identical.

He prosecuted a case during which dad and mom in Maryland had been convicted of involuntary manslaughter within the 2020 loss of life of their 2-month-old son. The Mount Airy couple had blended fentanyl in the identical lavatory the place they ready bottles for his or her toddler.

Jeremy Whitney Frazier and Heather Marie Frazier had been every sentenced in December to 5 years in jail and 5 years of supervised probation.

The National District Attorneys Association doesn’t monitor what number of dad and mom have been charged for exposing their kids to fentanyl, however information studies and interviews with prosecutors present such circumstances have been on the rise for the reason that onset of the pandemic.

Last month, a Maine lady pleaded responsible to manslaughter after her 14-month-old son’s fentanyl overdose. Investigators discovered fentanyl on a blanket and sheet the place Ashley Malloy’s son Karson had been sleeping.

States similar to Maryland that don’t have “drug-induced homicide” legal guidelines typically cost dad and mom with manslaughter, Smith stated.

In California, prosecutors have turned to a drunk driving legislation.

Prosecutors in Riverside, Sonoma and Stanislaus counties have charged dad and mom with homicide primarily based on the “Watson advisement,” a proper assertion signed by anybody convicted of a DUI cost who says they perceive driving underneath the affect can injure or kill folks. The assertion can be utilized towards them in the event that they trigger one other deadly, DUI-related crash.

“I’ve been a prosecutor 25 years now and I can’t recall any other drug that has led to this much destruction and death,” Riverside County Deputy District Attorney Daima Calhoun stated.

Prosecutors say the dad and mom, like drunk drivers, knew fentanyl can injure or kill folks.

Among these awaiting a trial that can check the strategy are Tehra Alexandra Waite and Collin Pascal Kittrell, each of Riverside. The boyfriend and girlfriend had been charged with homicide after their toddler died of a fentanyl overdose in June 2020. They pleaded not responsible.

Investigators stated their 14-month-old daughter, Allison, doubtless touched her mouth or eyes after coming in touch with the drug, which was discovered on a number of issues of their condominium, together with the sofa.

Detectives testified that when Waite discovered her daughter unresponsive she rushed to a pharmacy to purchase naloxone, a drug used to reverse an opioid overdose. The couple didn’t name 911 till hours later when Allison began having bother respiration.

The woman’s paternal grandmother additionally stated in courtroom paperwork that Waite used medication whereas she was pregnant.

The Associated Press sought remark from a number of attorneys who’ve represented Waite and none responded. Her father declined to remark.

Kittrell’s lawyer, Graham Donath, stated Allison’s father didn’t intend for his youngster to die and the cost needs to be certainly one of youngster neglect, not homicide. But prosecutors don’t wish to go that route as a result of the utmost sentence for the offense is 12 years.

In Sonoma County, the place Charlotte slept together with her mother in a messy condominium in Santa Rosa, first responders testified at a preliminary listening to that they discovered fentanyl in powder type on a nightstand subsequent to the mattress.

Ryan Hughes, a Santa Rosa Police Department narcotics detective, informed the courtroom in addition they discovered textual content messages exhibiting the couple was involved about shedding their daughter due to their drug use, the Santa Rosa Press Democrat reported.

A choose is anticipated to set a trial date at a Sept. 11 listening to for Charlotte’s mom, Bernard, who woke as much as discover her daughter struggling to breathe, and her father, Evan Frostick.

Defense attorneys for Bernard and Frostick and Frostick’s dad and mom all declined to remark when contacted by the AP. Bernard’s stepmother didn’t reply to cellphone messages searching for remark.