San Jose parents convicted of murder in overdose death of 19-month-old daughter: jury

SAN JOSE, Calif. -- A San Jose man and woman were convicted of murder in the fatal drug overdose of their 19-month-old daughter, the Santa Clara District Attorney's Office said Friday.

A jury found Derek Rayo, 29, and Kelly Richardson, 31, responsible for the 2023 death of Winter Rayo by leaving the toddler in a room with fentanyl and methamphetamine.

The child was found to have about 25 times the lethal amount of fentanyl in her blood, and more undigested fentanyl in her stomach when she died, according to prosecutors.

Rayo and Richardson waited more than 11 hours before calling 911 to report that their daughter was dead, prosecutors said.

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"Winter's parents were the first in Santa Clara County's history to be charged and now convicted of murdering their own child by exposure to fentanyl," according to the district attorney's office.

Each faces a maximum of 15 years to life in prison.

Leaving fentanyl within reach of the child was like leaving a toddler with a loaded gun, District Attorney Jeff Rosen said in a statement.

"The criminal recklessness of these two defendants killed their own child," he said. "I thank the jury for giving that child's tragically short life some meaning."

Prosecutors said they have filed murder charges against the dealer accused of supplying the couple with drugs.