Mercury News: Police say a San Jose couple waited 10 hours to report their baby’s fentanyl overdose. Now they’re charged with murder

SAN JOSE — The scourge of fentanyl has claimed the life of another Bay Area toddler, an 18-month-old San Jose girl named Winter, born on Christmas eve.

This time, the parents are being charged with murder. The San Jose couple didn’t call police for at least 10 hours after they woke up in the early afternoon of Aug. 12 and found their daughter not breathing, court documents say. They told police they were “in denial” and “wanted to grieve together” before calling 911.

By the time San Jose Police arrived, rigor mortis had set in, police say. Winter Rayo’s lips were blue. A toxicology report later determined that the concentration of fentanyl in her blood was 24 times the lethal dose for a child her size.

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