A jury convicted Derek Rayo and Kelly Richardson, both of San Jose, on May 9 for the murder of their 19-month-old daughter, Winter Rayo. The conviction follows the toddler’s death in 2023 after she overdosed on fentanyl and methamphetamine that had been left accessible to her by her parents.
This case is significant as it marks the first time in Santa Clara County that parents have been charged and now convicted of murdering their own child through exposure to fentanyl. Both defendants were also found guilty of felony child endangerment. Upon sentencing at a later date, each faces a maximum penalty of 15 years to life in prison.
Winter was found with approximately 25 times the lethal amount of fentanyl in her blood, along with undigested fentanyl in her stomach. According to evidence presented during the trial, Rayo and Richardson waited more than eleven hours before calling emergency services after discovering their daughter’s condition.
District Attorney Jeff Rosen said, “Fentanyl kills. In this case, the powerful opioid was left around this toddler like a loaded gun. The criminal recklessness of these two defendants killed their own child. I thank the jury for giving that child’s tragically short life some meaning.”
Investigators uncovered numerous text messages, social media posts, photographs, and videos showing both parents using narcotics while around or holding Winter from birth until her death. Photographs showed narcotics and drug paraphernalia within reach inside their home. Messages indicated that both parents were regularly under the influence while caring for their daughter. Additional evidence revealed they knew about the dangers posed by their drug use; on two occasions they placed a clothespin on Winter’s nose as they used drugs nearby.
The District Attorney’s Office has also charged the alleged drug dealer who supplied narcotics to Rayo and Richardson with murder; that case is still pending.
The broader implications highlight growing concerns about opioid exposure among children and legal accountability for guardians whose actions result in harm or death.
