Daycare owner gets 45 years for toddler's fentanyl death, mother outraged
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The owner of a Bronx daycare where a 1-year-old boy died from fentanyl exposure was sentenced to 45 years in prison, as the child's devastated mother confronted her in court, saying she could never forgive her.
Grei Mendez, 37, the owner of Divino Niño Daycare, trembled in Manhattan federal court as she faced Zoila Dominici, the mother of Nicholas Feliz Dominici, who died in September 2023 after ingesting fentanyl hidden under floor tiles where children played and napped.
'It is not possible to forgive something like this,' Dominici told the court. 'Forty-five years is not enough.'
Mendez, who pleaded guilty in October to conspiracy to distribute narcotics resulting in death, avoided eye contact with Dominici, whose voice broke as she declared she would never forgive her.
"Let God forgive you," she said.
Mendez Failed to Administer Narcan, Withheld Crucial Information
Prosecutors revealed that despite having Narcan, a medication that can reverse opioid overdoses, in the daycare's medicine cabinet, Mendez never attempted to use it as Nicholas lay unresponsive.
Federal prosecutor Maggie Lynaugh said Mendez had 'the key to helping these children, and she didn't use it.'
When first responders arrived, Mendez failed to tell them the children may have been suffering from an opioid overdose, even as Nicholas was found lifeless, with blue lips and no pulse, according to court records.
Three other children, all under the age of 3, were hospitalized after also being poisoned by the fentanyl stored beneath the playroom's floor tiles.
Mendez lied repeatedly about Drugs in the daycare
Court records show Mendez and her husband, Felix Herrera Garcia, ran a drug operation from the daycare, where authorities later discovered 11 kilograms of fentanyl and other narcotics.
Despite overwhelming evidence, Mendez lied repeatedly to investigators, claiming to know nothing about the drugs. She initially suggested the children may have suffered from a gas leak or carbon monoxide poisoning.
'Do you think I don't know the danger there?' Mendez told investigators at the time, according to court documents. 'I know how dangerous that is. I'm not stupid. I watch the news. I know that stuff kills.'
Mother breaks down as prosecutors detail son's final moments
During Monday's sentencing, Dominici sobbed in the courtroom gallery as prosecutors recounted her son's final moments.
Her husband, Otoniel Feliz, also addressed the court, saying Mendez 'let my son die' and 'didn't do anything' to save him.
'We didn't just lose Nicholas. We lost our life,' Feliz said.
Speaking softly through a Spanish interpreter, Mendez insisted the children's poisoning was an accident.
'It was never my intention,' she told the court. 'Believe me, this has left me traumatized. I cannot erase this from my mind.'
Judge: Mendez prioritized fear over saving a life
US District Judge Jed Rakoff said Mendez deserved the same 45-year sentence as her husband, as they shared equal responsibility in operating the drug mill that led to Nicholas's death.
However, he criticised her failure to act, saying that while her fear of prosecution was understandable, it was not defensible.
"You prioritised your own fear over the opportunity to save a life," Rakoff told her.
When the sentence was announced, Mendez's head sank into her arms at the defense table, while her relatives and Nicholas's family broke into loud sobs.
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