San Jose man facing murder charges in fentanyl overdose deaths of 2 children
Prosecutors in Santa Clara County said a suspected drug dealer is now facing two murder charges in connection with the overdose deaths of two children who were exposed to fentanyl.
District Attorney Jeff Rosen's office announced Friday that 33-year-old Philip Ortega has been charged with murder in the May 2023 death of the infant, who prosecutors called "Baby Phoenix." Ortega was previously charged with murder in the Aug. 2023 overdose death of another infant, who was dubbed "Baby Winter."
Prosecutors also added a murder charge against the father of Baby Phoenix, 40-year-old David Anthony Castro, who was previously charged with felony child endangerment.
"The senseless deaths of these two little girls broke our hearts yet hardened our determination to hold responsible the people whose recklessness killed them," . "The fact that the same man provided the fatal drugs that took the lives of Baby Phoenix and Baby Winter within a handful of months of each other is beyond shocking."
According to prosecutors, Baby Phoenix was found dead on May 13, 2023, in an apartment littered with drug paraphernalia. An autopsy determined she had died from a lethal combination of methamphetamine and fentanyl.
The DA's office said new evidence shows Castro sought Ortega, who provided drugs to him the night before his daughter was found dead.
Prosecutors said he also delayed calling for medical help as he was trying to obtain synthetic urine from a nearby smoke shop to hide drug use.
Phoenix's mother was not at home at the time of her daughter's death and died of an overdose in Sep. 2023, prosecutors said previously.
Last year, Ortega was among four people who were charged in the death of Baby Winter.
Prosecutors said on Aug. 12, 2023, Winter's parents waited more than 12 hours before calling 911 to report their daughter was dead.
Winter's parents, Derek Vaughn Rayo and Kelly Gene Richardson, were the first in the county's history to be charged with murder in connection with their own child's overdose death.
The DA's office said both Ortega and Castro will be arraigned on the murder charges Friday afternoon. Both men face life in prison if convicted.
