Prosecutors have charged a California couple with a toddler’s murder for supplying drugs to another couple who are already facing charges in the 18-month-old girl’s death.
Phil Ortega, 31, and his girlfriend, 32-year-old Paige Vitale, “facilitated repeated narcotics” use by toddler Winter Rayo’s parents, Derek Rayo, 27, and Kelly Richardson, 28, who were charged in November after reportedly waiting 12 hours to call 911 after finding the little girl dead in their home, Law&Crime reported.
Ortega was the roommate of Rayo and Richardson.
“Messages show that suspect Ortega consistently supplied Derek Rayo and Kelly Richardson with fentanyl between November 2022 and the death of Victim W. Doe [Winter Rayo],” court documents said.
According to the documents, Ortega left drugs around the house and sold drugs to Richardson knowing the couple was reckless. Vitale discussed the reckless behavior with police, the document said.
“That’s terrifying and some dangerous s***,” she allegedly said, according to a statement of facts. “Suspect Vitale even stated that she had brought up her concerns about Derek Rayo and Kelly Richardson’s drug use.”
The investigation began late on August 12, 2023, when Rayo called 911 to report little Winter not breathing. He said he and Richardson were alone with the little girl and he didn’t know what happened.
Emergency responders declared the little girl dead 10 minutes after the initial 911 call, and Rayo admitted delaying the call because “he knew he had warrants” and “because he wanted to grieve with Kelly Richardson but knew he and Kelly Richardson would be separated once police arrived.” He told police he believed he had fallen asleep on the little girl or rolled over onto her.
But an autopsy found the toddler had a fentanyl-blood concentration of 74 mg/ml — a concentration nearly 25 times what is considered lethal for a child the size and age of Winter.
Rayo and Richardson were arrested after an investigation found social media messages, photos, and videos of them “recklessly using narcotics” while holding the baby. They found drugs and paraphernalia all around the house, including, in the nightstand the night the girl died, fentanyl and residue on a rug under the girl’s body, according to the statement of facts.
Now, all four are charged with murder.
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