September 23, 2023


Some 20 states have so-called “drug-induced murder” legal guidelines, which permit prosecutors to press homicide or manslaughter fees towards anybody who provides or exposes an individual to medicine inflicting a deadly overdose.

Evan Frostick, left, and Madison Bernard, proper, each charged with homicide and youngster cruelty within the loss of life of their daughter, Charlotte Frostick, seem earlier than a choose on Sept. 1, 2022, on the Sonoma County Superior Court docket in Santa Rosa, Calif. They’re a part of a rising variety of dad and mom throughout the U.S. prosecutors have charged within the fentanyl overdose deaths of their kids because the pandemic began. Prosecutors have been ramping up enforcement efforts in these instances as kids more and more change into unintended victims of an escalating opioid disaster. (Beth Schlanker/The Press Democrat by way of AP) Press Democrat by way of AP) AP

SANTA ROSA, Calif. (AP) — Madison Bernard climbed into mattress earlier than daybreak along with her toddler, Charlotte, who was asleep subsequent to a nightstand strewn with straws, burned tinfoil and a white powder.

Hours later, the mom woke and located her daughter struggling to breathe, in keeping with investigators who described the scene in court docket paperwork.

After being rushed in an ambulance to a hospital, the 15-month-old woman died from a fentanyl overdose. Her mom and father, whom authorities stated introduced the medicine into their California house, had been charged with homicide and are awaiting trial.

The couple has pleaded not responsible however are a part of a rising variety of dad and mom throughout the U.S. being charged amid an escalating opioid disaster that has claimed an rising variety of kids as collateral victims.

Some 20 states have so-called “drug-induced murder” legal guidelines, which permit prosecutors to press homicide or manslaughter fees towards anybody who provides or exposes an individual to medicine inflicting a deadly overdose. The legal guidelines are supposed to focus on drug sellers.

In California, the place the Legislature has did not go such legal guidelines, prosecutors in not less than three counties are turning to drunk driving legal guidelines to cost dad and mom whose kids die from fentanyl overdose. It’s a novel strategy that may quickly be examined in court docket because the instances head to trial.

Supporters of the ramped-up enforcement say that by now those that use the artificial opioid know the lethality of the drug and, like drunk drivers, they need to know the results of exposing their kids to their actions.

Critics say the dad and mom didn’t intend to kill their kids however as an alternative made poor decisions due to their addictions and are being additional punished as an alternative of being supplied assist.

The talk comes because the nation battles with the best way to successfully diminish using the extremely accessible and very lethal drug.

Authorities consider a few of the kids died after touching one thing with the powdery substance after which touching their eyes or mouth. In a single case, the drug might have been on the fingers of a guardian who ready the infant’s bottle. The drug shouldn’t be absorbed into the pores and skin however consultants say it may be deadly if as little as 2 milligrams, in regards to the weight of a mosquito, enters the physique.

“These are tragic instances as a result of drug dependancy has destroyed a valuable life and the dad and mom face the results of their reckless actions,” stated Charlie Smith, the highest prosecutor in Frederick County, Maryland, and president of the Nationwide District Attorneys Affiliation.

Dad and mom can also face fees if younger kids change into significantly unwell or die from crack, heroin and cocaine, however such instances are uncommon as a result of a sizeable quantity should be ingested, Smith stated.

“That is actually a primary within the historical past of our nation as a result of we have now a drug on the streets that may probably kill you immediately with a minor quantity of product,” Smith stated.

Prosecutors have a troublesome choice to make when figuring out whether or not to cost dad and mom, however Smith stated the purpose is to discourage others from doing the identical.

He prosecuted a case wherein dad and mom in Maryland had been convicted of involuntary manslaughter within the 2020 loss of life of their 2-month-old son. The Mount Ethereal couple had combined fentanyl in the identical rest room the place they ready bottles for his or her toddler.

Jeremy Whitney Frazier and Heather Marie Frazier had been every sentenced in December to 5 years in jail and 5 years of supervised probation.

The Nationwide District Attorneys Affiliation doesn’t monitor what number of dad and mom have been charged for exposing their kids to fentanyl, however information stories and interviews with prosecutors present such instances have been on the rise because the onset of the pandemic.

Final month, a Maine girl pleaded responsible to manslaughter after her 14-month-old son’s fentanyl overdose. Investigators discovered fentanyl on a blanket and sheet the place Ashley Malloy’s son Karson had been sleeping.

States reminiscent of Maryland that don’t have “drug-induced murder” legal guidelines usually cost dad and mom with manslaughter, Smith stated.

In California, prosecutors have turned to a drunk driving legislation.

Prosecutors in Riverside, Sonoma and Stanislaus counties have charged dad and mom with homicide primarily based on the “Watson advisement,” a proper assertion signed by anybody convicted of a DUI cost who says they perceive driving beneath the affect can injure or kill folks. The assertion can be utilized towards them in the event that they trigger one other deadly, DUI-related crash.

“I’ve been a prosecutor 25 years now and I can’t recall every other drug that has led to this a lot destruction and loss of life,” Riverside County Deputy District Lawyer Daima Calhoun stated.

Prosecutors say the dad and mom, like drunk drivers, knew fentanyl might injure or kill folks.

Amongst these awaiting a trial that may check the strategy are Tehra Alexandra Waite and Collin Pascal Kittrell, each of Riverside. The boyfriend and girlfriend had been charged with homicide after their toddler died of a fentanyl overdose in June 2020. They pleaded not responsible.

Investigators stated their 14-month-old daughter, Allison, probably touched her mouth or eyes after coming in touch with the drug, which was discovered on a number of issues of their condominium, together with the sofa.

Detectives testified that when Waite discovered her daughter unresponsive she rushed to a pharmacy to purchase naloxone, a drug used to reverse an opioid overdose. The couple didn’t name 911 till hours later when Allison began having hassle respiration.

The woman’s paternal grandmother additionally stated in court docket paperwork that Waite used medicine whereas she was pregnant.

The Related Press sought remark from a number of attorneys who’ve represented Waite and none responded. Her father declined to remark.

Kittrell’s legal professional, Graham Donath, stated Allison’s father didn’t intend for his youngster to die and the cost needs to be certainly one of youngster neglect, not homicide. However prosecutors don’t prefer to go that route as a result of the utmost sentence for the offense is 12 years.

In Sonoma County, the place Charlotte slept along with her mother in a messy condominium in Santa Rosa, first responders testified at a preliminary listening to that they discovered fentanyl in powder type on a nightstand subsequent to the mattress.

Ryan Hughes, a Santa Rosa Police Division narcotics detective, instructed the court docket additionally they discovered textual content messages displaying the couple was involved about shedding their daughter due to their drug use, the Santa Rosa Press Democrat reported.

A choose is anticipated to set a trial date at a Sept. 11 listening to for Charlotte’s mom, Bernard, who woke as much as discover her daughter struggling to breathe, and her father, Evan Frostick.

Protection attorneys for Bernard and Frostick and Frostick’s dad and mom all declined to remark when contacted by the AP. Bernard’s stepmother didn’t reply to cellphone messages looking for remark.

“They should be held accountable beneath the legislation as a result of they allowed hurt to return to their kids they usually let their drug use and dependancy outweigh caring for their kids and maintaining their kids protected,” Sonoma County District Lawyer Carla Rodriguez stated.