Alleged drug dealer, San Jose father charged with murder in fentanyl death of Baby Phoenix
SANTA CLARA COUNTY, Calif. (KGO) -- Two San Jose men are now charged with the murder of a 3-month-old girl in Santa Clara County.
Baby Phoenix Castro died in 2023 and this is the county's second murder prosecution over a child's deadly fentanyl overdose.
Phillip Ortega is already facing a murder charge for one baby and now he faces another, for another baby.
RELATED: Alleged drug dealers charged with murder after San Jose toddler overdoses on fentanyl
The Santa Clara County District Attorney's Office has linked the alleged dealer to the overdose death of an 18-month-old known as Baby Winter and now 3-month-old Baby Phoenix Castro.
Both died from fentanyl, just 91 days apart.
"There is a dangerous myth that drug addiction only has a single victim - the drug addict," Santa Clara County District Attorney Jeff Rosen said. "Sadly, today's new case and new charges demonstrate there are many victims, including those who never intentionally ingest an opioid."
Baby Phoenix's father, David Anthony Castro, appeared in court for the first time Friday along with Ortega. They are facing life in prison on the new murder charges.
Both men pleaded not guilty to the crimes.
Castro was originally charged with felony child endangerment after Baby Phoenix died from a lethal combination of methamphetamine and fentanyl in 2023.
RELATED: Santa Clara Co. social workers call out staffing crisis 1 year after infant fentanyl death
But Rosen says new evidence shows Ortega provided drugs to Castro the night before Baby Phoenix was found dead, which led to the new charges.
"My hope, my prayer is that these two dead baby girls will change things for the better," Rosen said. "I hope we honor their memory by preventing future, horrendous crimes."
The deaths inspired legislation in the county and state, as well as a massive overhaul to the county's welfare system.
Baby Winter's parents, Derek Vaughn Rayo and Kelly Gene Richardson, were also charged with murdering their own daughter by fentanyl overdose in the first case of its kind in Santa Clara County.
The two deaths also sparked outrage throughout the community that Ortega's defense attorney, Renee Hessling, worries may lead to an unfair trial.
"What we're looking at here is a man who is alleged to essentially be a mass murderer, when he had no connection to these two children - he's not the father of these children," Hessling said. "If anything, (he) is one of the many young people who has fallen victim to an opioid epidemic that this country has faced."
Castro and Ortega will be back in court on July 28 to begin their preliminary trial.
