Two San Jose parents were found guilty of second degree murder Friday in the 2023 overdose death of their 18-month-old daughter Winter.
A Santa Clara jury delivered a guilty verdict to Derek Vaughn Rayo, 29, and Kelly Gene Richardson, 31, of San Jose, in the death of their year-and-a-half-old daughter Winter in August 2023, as KTVU reports.
As SFist reported in 2024, drugs were scattered throughout the home. Winter was found to have 74 nanograms per milliliter of fentanyl in her bloodstream — 25 times the lethal dose, as well as 30 nanograms per milliliter of methamphetamine.
Rayo and Richardson reportedly neglected to call 911 until more than 11 hours after her death, explaining to investigators that they wanted to grieve her death before her body was taken away.
The jury found the couple guilty of second-degree murder, along with numerous child endangerment felonies and enhancements — the first verdict of its kind in Santa Clara County, according to KQED.
Both Rayo and Richardson could receive a maximum sentence of 15 years to life in prison.
As previously reported, another couple lived at the residence at the time, Phillip Ortega and Paige Vitale, who were Rayo and Richardson’s alleged dealers. Ortega’s murder case is pending, and Vitale, who also initially received a murder charge, was later charged with felony drug possession and misdemeanor child endangerment.
This is the second such case in which Ortega had been charged with murder, as he also allegedly provided the drugs that led to the May 2023 fentanyl overdose death of Phoenix Castro.
Photo of Winter Rayo via Facebook
