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Gilroy man charged with murder in fentanyl overdose of baby

By Ricardo Tovar

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    HOLLISTER, california (KSBW) — The Santa Clara County District Attorney’s Office charged two more people in the fentanyl-overdose death of an 18-month-old that occurred in San Jose back in August of 2023.

The district attorney’s office claims that Phillip Ortega, 31, of Gilroy, and Paige Vitale, 32, of San Jose, provided Winter Doe’s parents with a “steady supply of drugs.” They all took drugs while the baby girl was wandering inside the “drug-littered” residence.

“Evidence shows that the babysitting dealers left opioids and dirty drug paraphernalia in the open around the house where the baby could find them,” said a Supervising Deputy District Attorney

Evidence was found showing the dealers supplying Rayo and Richardson with fentanyl and meth, said a Supervising Deputy District Attorney. Investigators found photos and videos showing all four suspects doing drugs in the same room as the baby.

Winter’s parents were already charged with the baby’s murder five months ago. They were the first in Santa Clara County history to be charged with murdering their child with drugs.

On August 12, 2023, the parents waited more than 12 hours before calling 911 to report their daughter had died. Baby Winter had 15 times the lethal amount of fentanyl in her blood when she died.

The dealers will be arraigned on Tuesday in San Jose and will face prison time if convicted.

District Attorney Jeff Rosen said, “The fatal irresponsibility of the people around Baby Winter is shocking – and it is criminal. We will hold accountable anyone whose recklessness ended the life of that poor little girl.”

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