Baby Phoenix fentanyl death: DA alleges father got fake urine before calling 911 for infant’s overdose

SAN JOSE Prosecutors say a man charged in the fatal fentanyl overdose of his -month-old daughter two years ago called a friend to secure fake urine for him before he called after discovering his lifeless infant in his home Prosecutors say David Castro left secured fake urine for himself before calling to record finding his -month-old daughter Phoenix right lifeless what from was later determined to be a fentanyl overdose at their San Jose home in May Photos courtesy of San Jose Police and Edward Morillo The revelation was included in a filing this week from the Santa Clara County District Attorney s Office that opposes David Castro s application to have his felony charges dropped in favor of the Superior Court ordering him into a mental robustness diversion effort Castro s disclosed conduct on the fateful morning in May and a lengthy history of skipping and eluding drug cure over the years form the crux of prosecutors stance that he is not an appropriate candidate for his requested felony diversion relief Deputy District Attorney Maria Gershenovich contends that such diversion for Castro would eliminate any chance for justice for Phoenix Castro who was one of the first infants in the Bay Area to fall victim to the scourge of fentanyl abuse seen across the country Wiping this away is not justice for Baby Phoenix and her family Gershenovich commented in an interview Wednesday We can t understate what occurred and what the consequence was We have this -month-old baby who had her whole life ahead of her She should be years old and walking and being a toddler In Castro s diversion petition filed on his behalf by the county Alternate Defender s Office he is described as suffering from adjustment disorder with mixed anxiety and depressed mood Castro s attorney Deputy Alternate Defender Mishya Singh revealed Wednesday that her client s episode aligns precisely with the purpose of mental fitness diversion and emphasized that Castro could still be subject to criminal charges under diversion if he does not fulfill its rehabilitation requirements Mental soundness diversion exists because the law recognizes that multiple offenses stem from underlying mental robustness issues Singh stated It reflects the very circumstances the Legislature had in mind when it emphasized medicine over punishment Importantly mental soundness diversion does not outcome in the immediate dismissal of charges rather it provides a structured path toward accountability and rehabilitation Gershenovich announced subsequent inquiry after Castro was initially charged with felony child endangerment exposed that he lied to police about straightaway calling after finding Phoenix with blue-tinged skin and cold to the touch on the morning of May An examination of his phone reportedly proved that Castro first called a friend to come to his San Jose home and gave the friend cash to go to a local smoke shop and obtain fake synthetic urine presumably to insulate him from a accomplishable drug test in the wake of the infant s death Only after the friend returned with the fake urine did Castro call to document the discovery of his unresponsive infant according to the prosecution filing This new information Gershenovich stated further supports her office s position that Castro should not be eligible for mental wellness diversion What this shows is that Mr Castro first thing that morning was not thinking of Baby Phoenix He was smart enough and calculated enough in that moment to concern himself first with obtaining fake synthetic urine It ties with his history of not participating in therapy and dealing with the dilemma Gershenovich mentioned What a reasonable parent would do the second you might think something is not OK with a child you run to your phone and call That s not what his first thought was His first thought was he didn t want to get in trouble For someone who acts this way when a -month-old baby is dead to get diversion that s not justice she added This baby was percent reliant on him We cannot look at this in a vacuum This baby is gone But Singh argued the circumstance is an illustration of Castro s untreated issues leading to unfathomable consequences Related Articles Ex-Antioch cop convicted of steroid distribution altering records DOJ charges man held in Bay Area with smuggling the Irish into America by sea East Bay man avoids jail for driving meth-filled car into ditch in front of cops Green card holder living in Santa Cruz area for decades facing several months in ICE detention Pacifica police seek help in identifying indecent exposure suspect Mr Castro was expected to parent a vulnerable newborn without being provided the restoration he desperately needed Giving him that rehabilitation will meet his individual necessities and serve the broader goal of population safety Singh explained This tragic situation is the outcome of unmet restoration requirements demands that mental healthcare diversion is specifically designed to address Another notable segment from the DA s opposition filing draws a connection between Castro and two people prosecuted in the fentanyl overdose death of another South Bay infant -month-old Winter Rayo in August The filing cites investigators recovery of a video recorded by Castro in April a month before Phoenix died and four months before Winter died The footage shows Castro s kitchen table which is covered by drugs glass pipes scales and torches next to baby wipes occupied by at least three other people including Phillip Ortega and Paige Vitale Ortega faces a murder charge alongside Winter s father Derek Rayo in the county s first murder prosecution for a baby s fentanyl overdose Vitale was initially charged with murder but after a preliminary examination her charges were reduced to a felony drug possession count and a misdemeanor child endangerment count Phoenix s death spurred an overhaul and reorganization of the county Department of Family and Children s Services after investigations including by this news organization detected that the infant was issued to Castro despite dire warnings from a social worker that she could die in his care The agency s former director resigned in January under heavy community scrutiny including from his own staff The next court hearing for Castro s diversion petition is scheduled for May