Fentanyl-Related Death of San Jose Toddler Leads to Murder Charges against Parents and Two Others

San Jose, California – Authorities have charged a couple, in addition to the parents, with murder in the tragic fentanyl-related death of 18-month-old Winter Rayo. This unprecedented case has shocked the community after the child was found with a lethal amount of fentanyl in her system last year.

Phil Ortega, 32, and Paige Vitale, 33, who resided at the same home where the tragic incident occurred, are accused of leaving narcotics accessible around the house, leading to Winter’s untimely demise. An autopsy revealed that Winter had ingested a shocking 24 times the lethal dose of fentanyl for her age.

Derek Rayo and Kelly Richardson, the child’s parents, were previously charged with murder in connection to Winter’s death, making them the first parents in Santa Clara County to face such serious allegations in a fentanyl exposure case. Investigators believe that Ortega and Vitale not only used drugs in the home but also exposed the child to dangerous substances.

Ortega, with a history of drug convictions, has been in custody since December on drug charges, while Vitale was recently booked into jail. Both are facing charges of murder, child endangerment, and illegally selling controlled substances. The accusations highlight the serious consequences of their actions, which could result in potential lifetime prison sentences.

The district attorney’s office alleges that Ortega was actively involved in handling and selling fentanyl and methamphetamine before and after the child’s death. Text messages exchanged between Ortega and Richardson suggest a reckless disregard for Winter’s safety, with drugs being left in accessible areas of the house.

Vitale is accused of aiding and abetting Ortega’s drug-related activities, demonstrating a lack of care and responsibility in safeguarding Winter from the harmful effects of narcotics. Authorities emphasize the conscious disregard for human life displayed by all parties involved, leading to the tragic outcome for the young child.

The details surrounding Winter Rayo’s death paint a distressing picture of neglect and irresponsibility, shedding light on the devastating consequences of drug use in a household with young children. The community is left mourning the loss of an innocent life, as law enforcement and prosecutors work to hold those accountable for their roles in this heartbreaking tragedy.