Drug dealer & father both charged with murder in infant's fentanyl death
Alleged drug dealer, dad charged in infant's fentanyl death
Santa Clara County prosecutors on Friday charged an alleged drug dealer with murder in the death of a 3-month-old who ingested fentanyl in 2023. The child's father is already charged with murder in the crime.
San Jose, CA - A long court session on Friday afternoon at the Santa Clara County Hall of Justice in the case of two men accused of murder in an infant's death began with defense attorneys asking for a gag order.
Renee Hessling, representing Philip Ortega, and Mishya Singh, representing David Castro, both said that comments by the district attorney's office to media outlets could compromise their client's ability to get a fair trial. Judge Hector Ramon denied the motion and the district attorney said he believes both men will be treated fairly.
"If they choose to go to trial, they can and will receive a fair trial in Santa Clara County," said Jeff Rosen, the district attorney for Santa Clara County.
The backstory:
The two men blamed for an infant's fentanyl poisoning appeared in Dept. 23 of Superior Court in San Jose. Ortega now faces murder charges in the child's 2023 death, in addition to the same charge in the death of "Baby Winter" months later.
"Both of them beautiful babies. And both of them tragically are gone now, due to the criminal recklessness of their parents and a drug dealer," said Rosen.
Prosecutors said in May 2023, Ortega sold fentanyl and other drugs to Castro. The following day, "Baby Phoenix" ingested some fentanyl, killing the child. Investigators said the 33-year-old Ortega also sold drugs to the parents of "Baby Winter" three months later, and that child also ingested the substance and died.
"He had no connection to these children. He's not the father of these children. If anything, he is one of the many young people that has fallen to an opioid epidemic," said defense attorney Hessling.
Fentanyl deaths
Santa Clara County has seen a rash of fentanyl deaths and poisonings in the past few years. Some experts said the addictive properties surpass alcohol, cocaine, or heroin.
"When someone has a fentanyl addiction, multiple times a day, they're entering this withdrawal state where really nothing matters in that moment other than relieving the agony of withdrawal," said Dr. Rachel Sussman, a family medicine expert at Stanford University.
County officials said while the crisis hasn't completely abated, it is getting better thanks to new laws and treatment programs.
"I think people are aware now. And when they're aware that's gonna slow down the supply and demand. Slow down the supply and demand and people can't make money and people stop bringing this stuff into the country," said California Sen. David Cortese, (D) San Jose.
Ortega's case is now joined with that of Castro, whose drug addiction prosecutors say led to his daughter's death. He's charged with murder, felony child endangerment and fentanyl possession.
"My hope, my prayer is that these two dead baby girls will change things for the better. I hope we honor their memory by preventing future horrendous crimes," said Rosen.
Both men have pleaded not guilty and are scheduled to be back in court 9 a.m. Jul. 28 for a preliminary hearing.
Jesse Gary is a reporter based in the station's South Bay Bureau. Follow him on the Instagram platform, @jessegontv and on Facebook, @JesseKTVU.
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