El Paso County DHS warned about drug abuse multiple times prior to toddler’s fentanyl overdose
COLORADO SPRINGS, Colo. (KRDO) -- Court documents shed light on what led up to the fentanyl overdose and eventual death of a 14-month-old boy. The arrest affidavits of the child's parents outline accusations of drug abuse, a criminal history, and multiple referrals to the Department of Human Services.
On November 12, 2021, detectives with the Crimes Against Children Unit were contacted by the Colorado Springs Police Department regarding a Death of Undetermined Origin case. According to the affidavit, 14-month-old Cairo Jak Astacio was taken to Children's Hospital where he was pronounced dead.
According to the affidavit, his parents, 36-year-old Joenny Astacio and 29-year-old Kira Villalba, "took longer than expected to arrive at the hospital."
Once there, a Children's Hospital Clinical Social Worker told investigators that Astacio said he found Villalba asleep on top of Cairo. That's when they started CPR and called 911. According to the affidavit, CPR was provided for approximately 45 minutes.
The affidavit said, "Medical personnel continued CPR hoping [redacted's] parents would arrive at the hospital." When Cairo's parents still weren't there, the treating physician reported the time of death as 12:03 p.m.
According to the affidavit, there were no physical indications of abuse. However, a Clinical Social Worker told investigators Cairo's diaper was pretty dirty and the diaper was worn in front.
While interviewing Villabla at Children's Hospital, the affidavit said she was falling asleep, her speech would be slow then very quickly, and she was picking at her hands. At one point, she asked for a Band-aid because they began to bleed. Additionally, it was difficult for her to provide a timeline of events.
According to the affidavit, Villalba told investigators she fell asleep with Cairo in the bed with her the previous night. At 9 a.m., she woke up and "hit" her vape before scooting further down in the bed and went back to sleep. Around 11 a.m. was when Astacio came in. He picked up Cairo who was "lifeless."
In the affidavit, Villalba said she thought she had rolled over on him or that he was sleeping face down on the mattress.
During the initial interview, the affidavit states Viallabla admitted to using heroin and methamphetamines while pregnant with Cairo. Villalba said she occasionally smoked marijuana but that Astacio smoked every day.
Astacio denied drinking alcohol or the use of illegal drugs but did admit to using marijuana.
According to the affidavit, Villalba was believed to be under the influence of narcotics while at the hospital. When asked to take a drug test, she said no. She went on to say she "hit the black" a few days ago then went on to say she used heroin on November 9, 2021. However, she admitted she was confused and had her days mixed up. The affidavit states she could've smoked heroin on November 10, 2021.
Referrals to Department of Human Services
According to the affidavit, there were three referrals to the Department of Human Services (DHS) before Cairo's death.
The first happened on August 26, 2020, two days after he was born. That referral was due to substance abuse allegations and substance exposure to a newborn.
According to the affidavit, the reporting party stated Villalba admitted to smoking half a gram of heroin five to six times during the first six months of pregnancy and smoking methamphetamine once during her second trimester.
The second referral was placed on October 6, 2022, for "injurious environment and substance allegations." The reporting party claimed Astacio was a drug dealer who sold heroin and methamphetamines. The reporting party also said that Viallabla knew about the drug dealing and was "actively using drugs." The referral also noted that the family's living space was "messy and cluttered."
The third and final referral before Cairo's death was on October 12, 2020. That referral indicated that Cairo had only seen a physician six times since birth and the family was always "over an hour late" for their appointments. During those appointments, Viallabla had reportedly been picking at her skin, appeared edgy, and had pressured speech. Astacio also exhibited similar behavior.
According to the affidavit, Cairo had not gained weight well and was reported to be 5 lbs. 5 oz. The reporting party also reiterated what previous reports had claimed, that Viallabla had used drugs during her pregnancy.
13 Investigates reached out to El Paso County's Department of Human Services regarding Astacio and these referrals to their Child Abuse and Neglect Hotline. Per state law, a spokesperson for El Paso County DHS says they cannot speak to specific cases.
However, 13 Investigates did speak with a child welfare manager with El Paso County about the process of removing a child following reports of drug abuse in a home.
“When a caseworker does discover that there is an unsafe environment, we immediately reach out to our judicial officers, as well as a judge, and we have to staff these cases along the way to ensure that we have what is needed in order to get legally involved to make those decisions," April Jenkins with El Paso County DHS told 13 Investigates. "(DHS) does not have the sole decision making to do that alone.”
It's unclear if that happened in Cairo Astacio's case.
If a child is removed from an unsafe home, Jenkins says they are immediately looking for family. Someone that knows the child, and knows that family to be able to take on that caregiving role. However, she says there must be a specific observable threat to begin that process.
Jenkins says not all referrals are assigned to caseworkers. If a referral is brought into the Department of Human Services Child Abuse and Neglect Hotline it must meet a certain set of criteria based on Colorado's Children's Code if it is approved for assessment by a case worker.
"Once it is created into assessment, it means that it meets criteria for assignment and is then given to a caseworker," Jenkins said. "That case worker will then make contact with the family and work to address the concerns made in the report.”
What Investigators Found
Following Cairo's death, investigators executed a search warrant for the home. According to the affidavit, the family had just been evicted from their apartment and were staying at someone else's home.
According to the affidavit, a neighbor told investigators the homeowner had not been seen in several months. In his absence, she said the residents who stayed in his home "engaged in very concerning behavior." She said these observations begin in the spring of 2020 and involved the "blatant and overt use of narcotics." That included using cocaine and the possible manufacturing of cocaine.
The neighbor reportedly told investigators she'd see the residents "whacked out of their mind." She described, what she believed to be, open-air hand-to-hand narcotics transactions occurring at the residence.
According to the affidavit, she said she saw Villalbla engage in "the consumption of illegal narcotics" while pregnant.
During the search, the affidavit states a large amount of drug paraphernalia was found including a large amount of tinfoil with black residue, straws, and straw-like items. According to the affidavit, the straw-like items are used to smoke narcotics from tinfoil.
Investigators also found multiple pipes, numerous baggies, white powdery substances, a scale, and prescription bottles containing pills. One of the prescription bottles was found in the room where Viallabla and Cairo had slept.
The affidavit says a document that had, in big letters on the top page, "Cash app payments," with various transactions listed.
On November 15, 2021, the El Paso County Coroner performed an autopsy on Cairo. Doctor Kelly told investigators he didn't observe anything traumatic or suspicious. He did note he would be sending off toxicology and cultures to be analyzed. According to the Colorado Springs Police Department, Cairo died of a fentanyl overdose. The manner of death was an "accident."
Investigators applied for a search warrant for the shared phone between Viallabla and Astacio on February 11, 2022. According to the affidavit, information extracted from the phone included multiple conversations about the selling, trading, picking up, and use of narcotics. There were also web searches for "how long after dying does q body go cole," "how long till rigor mortis sets in children,"1.5 ye odk suffocaded when asleep," and other searches on the suffocation of children.
This wasn't the first or last time Cairo's parents dealt with law enforcement. According to the affidavit, Astacio had been arrested in 2006 by the Department of Homeland Security. He was stopped by border patrol at the Newar Liberty International Airport after arriving from Puerto Plata, Dominican Republic. Border patrol noticed an "unusual package" concealed in his groin area. They discovered that Astacio had a brown powder substance that field-tested positive for heroin.
On April 20, 2007, the affidavit states Astacio plead guilty to an informational indictment charging violation of 21 USC 952(a), importation of more than 100 grams of heroin.
On December 19, 2021, Astacio and Villalba were both at the scene when a 13-year-old girl overdosed. According to the affidavit, she told investigators Astacio had given her what caused her to overdose.
According to the affidavit, that 13-year-old did survive that overdose and went on to overdose again on February 11, 2022. She informed investigators again that she received what caused her to overdose from Astacio. She said she had smoked with Villalba.
The affidavit does not indicate what the substance was.
Since the death of their child, investigators say Villalba and Astacio were involved in two known overdoses.
According to CSPD, both parents were arrested on June 10, 2022, for the charge of Child Abuse Knowingly/Recklessly Resulting in Death, a Class Two Felony.
