The tragic death of little Aviyana Montoya: Parents cleared of murder in toddler's fentanyl poisoning
If you or someone you know may be the victim of child abuse, please contact the Childhelp National Child Abuse Hotline at 1-800-4-A-Child (1-800-422-4453) or contact their live chat services.
This article contains distressing content that could be traumatic for some readers. Discretion is advised.
BRIGHTON, COLORADO: The parents of a toddler who died from fentanyl poisoning earlier this year were absolved of first-degree murder charges by Adams County court this week. Charges against Alonzo Montoya, 31, and Nicole Casias, 31, who were accused to have "knowingly caused the death" of their 22-month-old daughter Aviyana Ramona Montoya, were dismissed by Chief Judge Don Quick of the 17th Judicial District on Sunday, December 11. Aviyana was found dead in the family's Brighton home around 2 pm on January 2, 2022.
According to the arrest affidavit, Aviyana was left unattended for almost 14 hours and surveillance video from inside the apartment showed the young girl repeatedly crying in pain throughout the night. An autopsy revealed that fentanyl and methamphetamine were both present in Aviyana's blood. A coroner noted that the amount of fentanyl found in the toddler's body was 10 times the amount required to kill an intolerant adult user, as per 9 News.
READ MORE
Adam Montgomery killed daughter Harmony by 'repeatedly striking' her on the 'head with a closed fist'
Aviyana's hair follicle test revealed that she was exposed to cocaine, meth, and marijuana for three months prior to her death, according to a judge's ruling. Montoya and Casias were indicted in September on charges including first-degree murder. Initially, both were charged with child abuse resulting in death.
In his ruling, Chief Judge Don Quick dismissed the first-degree murder charges, pointing out there is no sufficient evidence to suggest the parents "knowingly caused the death" of their child. "There was no evidence that either Defendant gave fentanyl to the child, knew the child had consumed fentanyl, or had let the child roam free overnight with fentanyl being available within easy reach," Quick wrote in the ruling. "If so, the Court could have found evidence establishing probable cause for the murder charge." "For over six hours this child struggled to stay alive. She cried, coughed, and gasped for breath as her lungs filled with fluids. Yet, no one came in to help her. This evidence is shocking in its disregard for the child’s wellbeing. But, it does not demonstrate that the Defendants were practically certain that their acts would result in the victim’s death," the ruling states. The decision was made following the request of the defense attorneys to investigate the probable motive in the case.
Casias and Montoya are also each charged with: COCCA - pattern of racketeering, COCCA - conspiracy, Child abuse resulting in death, 2 counts of child abuse - manufacture of controlled substance, Child abuse - knowingly/recklessly - no injury.