Murder charges against parents in child’s fentanyl death dismissed by judge

ADAMS COUNTY, Colo. (KRDO) -- Murder charges have been dismissed against the parents of a 22-month-old Brighton girl who died of fentanyl poisoning in January, an Adams County judge ruled Tuesday, according to 9NEWS.

Although murder charges were dismissed, Alonzo Montoya, 32, and Nicole Casias, 31, are still facing several other charges in connection with the death of their daughter, Aviyana Montoya.

On Jan. 2, officers were called to the family's home in Brighton after nearly 2-year-old Aviyana was found unresponsive and not breathing. According to an arrest affidavit obtained by 9NEWS, surveillance video from inside the apartment captured the girl crying and in pain while she was left unattended for almost 14 hours.

The autopsy report revealed that fentanyl and methamphetamine were found in Aviyana's blood. According to the coroner, the amount of fentanyl discovered in the girl's body could kill an intolerant adult user.

Before Aviyana's death, she was exposed to the smoking of cocaine, meth, and marijuana for three months, according to a hair follicle test taken from Aviyana.

In September, a grand jury indicted Montoya and Casias on charges including first-degree murder in Aviyana's death.

"There was not evidence that either Defendant gave fentanyl to the child, knew the child had consumed fentanyl or had let the child roam free overnight with fentanyl being available within easy reach," Quick wrote in the ruling. "If so, the Court could have found evidence establishing probable cause for the murder charge."

"For over six hours this child struggled to stay alive. She cried, coughed, and gasped for breath as her lungs filled with fluids. Yet, no one came in to help her. This evidence is shocking in its disregard for the child’s wellbeing. But, it does not demonstrate that the Defendants were practically certain that their acts would result in the victim’s death," the ruling says.

Casias and Montoya are facing the following additional charges:

• COCCA - pattern of racketeering
• COCCA - conspiracy
• Child abuse resulting in death
• 2 counts of child abuse - manufacture controlled substance
• Child abuse - knowingly/recklessly - no injury

According to 9NEWS, the judge found probable cause for those charges.

"In making this finding, the Court is not diminishing the evidence of the callous disregard shown by the Defendants for the wellbeing of their 22-month-old baby. Instead, the Court is simply finding that there is evidence establishing probable cause for the charge of Child Abuse Resulting in Death and the other charges, but not evidence establishing probable cause for the charge of First Degree Murder of a Child," the judge wrote. 

On Tuesday, the 17th Judicial District Attorney's Office, which is prosecuting the case, said that they are evaluating the judge's ruling.