San Jose father charged with baby daughter’s fatal opioid overdose

 For release on October 20, 2023

CONTACT:
Maria Gershenovich
Deputy District Attorney
Family Violence Unit
(408) 792-2453

San Jose father charged with baby daughter’s fatal opioid overdose

A San Jose man has been charged with the death of his baby daughter whose body was found in an apartment littered with opioids.

An autopsy showed that three-month-old Phoenix died from ingesting methamphetamine and fentanyl.

David Anthony Castro, 38, is charged with felony child neglect and possession of a controlled substance, a misdemeanor. Castro’s arraignment is scheduled for Monday at 1:30 p.m. in Department 43 of the Hall of Justice in San Jose. He faces prison, if convicted.

“I can’t fathom how a parent could recklessly cause the death of their own child,” District Attorney Jeff Rosen said. “What I fully understand is our responsibility to hold that person accountable for this heartbreaking tragedy.”

On May 13, 2023, San Jose Police reported to a home on Spinnaker Walkway to find Phoenix unconscious. Fentanyl, broken glass pipes, and aluminum foil were found in the kitchen area of the apartment.  A baby bottle filled with liquid was located right next to the glass pipes on the kitchen counter.  Police also found Narcan, used to revive people from drug overdoses. Phoenix was later pronounced dead.

The mother of the infant was not at home when the baby died. She died of an overdose last month.

In a high-profile case that has received international coverage, a day care operator and another suspect have been federally charged after a one-year-old child fatally overdosed at a nursery in New York City. Police found fentanyl hidden in the room where the baby was napping.

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