A mother charged with murder in the fentanyl death of an 18-month-old San Jose toddler has been arrested, police said Thursday.

Investigators took Kelly Gene Richardson, 28, into custody about 6:45 p.m. Wednesday, police confirmed in an email. Police had no other details regarding the arrest.

Richardson is the mother of 18-month old Winter Rayo, whom she and and Winter’s father discovered lifeless after waking up in the early afternoon of Aug. 12. Winter’s father, 27-year-old Derek Vaughn Rayo, in in custody and ordered held without bail on a murder charge, authorities said.

The parents are being charged with murder because they showed a “conscious disregard for human life,” Santa Clara District Attorney Jeff Rosen said Wednesday. He said prosecutors have evidence that shows the parents knew how dangerous fentanyl was.

Neither parent called 911 for at least 10 hours after they woke up and found their daughter not breathing. They told police they were “in denial” and “wanted to grieve together” before reporting the death. Rigor mortis set in before officers arrived.

Police also found photos and videos showing the parents “recklessly smoking narcotics” while holding the baby or in her presence, according to court documents.

It’s the first time Rosen has charged parents with murder of a child over a fentanyl-related death. The couple is looking at a life sentence if they are convicted, authorities said.

Source: www.mercurynews.com