"Day Care Owner Sentenced to 45 Years for Toddler's Fatal Fentanyl Poisoning"

A New York City day care owner, Grei Mendez, has received a 45-year prison sentence related to the fentanyl-related death of a toddler at her facility. The 37-year-old pleaded guilty to federal charges, including conspiracy to distribute narcotics resulting in death. She appeared overwhelmed during sentencing, dropping her head into her arms as the court delivered its decision, prompting emotional reactions from her own family and from the mother who lost her child.

Previously, Mendez's husband, Felix Herrera-Garcia, had received an identical sentence for his role in the incident after pleading guilty to related drug charges and causing harm. Both faced a potential maximum of life imprisonment, with a mandatory minimum of 20 years. Before sentencing, Mendez offered her apology, emphasizing through her interpreter that the child's death was accidental. She also expressed hope for forgiveness from affected families.

The tragic event occurred on September 15, 2023, when 22-month-old Nicholas Feliz-Dominici died shortly after being rushed to a local hospital from the Bronx-based day care, Divino Niño. Three other young children who were also exposed survived following the administration of Narcan, a drug used to reverse opioid overdoses. An investigation revealed alarming negligence, with police uncovering significant amounts of fentanyl hidden beneath a trap door in a play area and drug-packaging equipment located near spaces regularly used by the children.

During sentencing, Nicholas's parents spoke of their profound loss, with his mother stating forgiveness was impossible and his father describing their ongoing emotional devastation. Judge Jed S. Rakoff acknowledged the deep emotions involved in cases of loss and tragedy but underscored the legal system's need to balance these feelings within a larger context of justice. He criticized Mendez for prioritizing her family's financial wellbeing over the safety of the children entrusted to her day care.

Defense attorneys presented evidence to the court suggesting Mendez herself experienced traumatic events in childhood. However, prosecutors argued for severe penalties, citing Mendez's neglectful behavior in ignoring clear signs of the children's illness at the facility and failing to summon medical help. Furthermore, they noted her attempts after the incident to mislead authorities and destroy evidence.

Acting U.S. Attorney Matthew Podolsky highlighted the severity of Mendez's crimes in a statement, underscoring her willingness to endanger very young children by storing more than 11 kilograms of fentanyl in the facility's floors, directly beneath where the infants played and slept.