BRIGHTON, Colo. — An Adams County judge has dismissed murder charges against the parents of a nearly-2-year-old Brighton girl who died of fentanyl poisoning in January.
Alonzo Montoya, 32, and Nicole Casias, 31, are still facing multiple charges in connection with the death of their 22-month-old daughter, Aviyana Montoya.
Police officers were called to the family's home in Brighton around 2 p.m. on Jan. 2 after Aviyana was found unresponsive and not breathing. An arrest affidavit says Aviyana was left unattended for nearly 14 hours and that surveillance video from inside the apartment records the young girl crying loudly and in pain multiple times throughout the night.
An autopsy said both methamphetamine and fentanyl were found in Aviyana's blood. The amount of fentanyl was 10 times the amount of fentanyl necessary to kill an intolerant adult user, according to the coroner.
According to the judge's ruling, a test of Aviyana's hair follicles showed that she was exposed to the smoking of cocaine, meth and marijuana for three months before her death.
In September, a grand jury indicted Montoya and Casias on charges including first-degree murder in Aviyana's death. Both were initially charged with child abuse resulting in death.
In the ruling filed on Dec. 1, Chief Judge Don Quick dismissed the first-degree murder charges, writing that there is no evidence supporting a finding of probable cause that the parents "knowingly caused the death" of their child.
"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.
The ruling came after defense attorneys requested that the court review probable cause in the case.
Casias and Montoya are also each charged with:
- 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
The judge found probable cause exists for those six 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.
The 17th Judicial District Attorney's Office, which is prosecuting the case, said Tuesday that they are studying the judge's ruling.
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