'We trusted this day care': Father of boy who died from fentanyl speaks out

"I understand that justice will be done," said the father of the baby who died.

October 5, 2023, 6:11 PM

As two of the three suspects pleaded not guilty Thursday to murder charges in the death of a toddler from fentanyl exposure at a Bronx, New York, day care center in September, the child's father gave an emotional statement at a news conference and his mother broke down in tears in the courtroom.

Defendants Grei Mendez, the operator of the day care center, and Carlisto Acevedo Brito entered their pleas in a Bronx courtroom, in answer to the charges stemming from a case prosecutors said "shocked the conscience" of New York City.

The incident left three other children sickened from exposure to fentanyl stashed at the day care center, authorities said.

Mendez and Brito entered their pleas after they were both indicted Thursday along with Mendez's husband, Felix Herrera Garcia, on charges of murder with depraved indifference to human life in connection with the death of 22-month-old Nicholas Dominici, whom the New York City Office of the Chief Medical Examiner determined died of fentanyl exposure at the Bronx day care center, which prosecutors said was a front for drug trafficking.

PHOTO: Grei Mendez, 36, with charges including murder, manslaughter and assault, pleaded not guilty.
Grei Mendez, 36, with charges including murder, manslaughter and assault, pleaded not guilty.
WABC

"This is a catastrophe. Our sorrow is matched only by the outrage because these babies were used as shields to protect a narcotics operation," Bronx District Attorney Darcel Clark declared at a news conference Thursday, which was attended by the families of the children who were exposed to fentanyl at the day care center.

Mendez, 36, Garcia, 34, and Brito, 41, a cousin of Garcia and a tenant of Mendez's, have all been charged with second-degree murder, criminal possession of a controlled substance, manslaughter, assault and child endangerment. Garcia is expected to be arraigned later Thursday.

During Thursday's court hearing, Nicholas Dominici's mother sat in the courtroom gallery, wailing.

"I understand that justice will be done," the boy's father, Otoniel Feliz, told reporters Thursday. "It will not bring my son back."

PHOTO: Suspect Felix Herrera Garcia has been charged with murder along with other charges after investigators found a kilo of fentanyl stored at their daycare leading to the death of a child.
Suspect Felix Herrera Garcia has been charged with murder along with other charges after investigators found a kilo of fentanyl stored at their daycare leading to the death of a child.
WABC

Feliz's hand shook as he displayed a photograph of his son, and his voice broke with emotion.

"We trusted this day care because everything was going OK," Feliz said. "Every single day, the lady in charge sent text messages to my wife. We trusted her because she kept us updated. We never imagined this was going to happen. Had I known, I wouldn’t have sent him there."

"We feel betrayed because that person showed us that she was going to be like a mother to our son,” Feliz said, referring to owner Mendez.

Clark said her office would be taking aim at day care centers run out of private homes like the one Mendez operated.

"This case is the bleakest reminder that we must be relentless in removing drug traffickers from our community," Clark said. "We will get justice for them. But what we have to do is make sure this never, ever happens again to any other child."

Clark said she is angry, hurt and saddened by the case.

"This was not really a day care center, this was a drug operation. They used babies as a shield," Clark said.

Investigators revealed Thursday they found an unopened package of Narcan in a medicine cabinet at the day care. Investigators released a photo of the package after it had fallen into a sink.

Prosecutors also shared a new image of the drugs in a hidden compartment beneath the floor and a photo of the play mat beneath which there was a trap door that concealed additional narcotics.

Garcia, who allegedly fled the day care center on the day Nicholas died and was arrested in Mexico after a weeklong manhunt, is also in custody on state murder charges in the case.

All three defendants are also charged in a separate federal case with narcotics possession with intent to distribute resulting in death, and conspiracy to distribute narcotics resulting in death.

PHOTO: Police and crime scene investigators work at a Bronx day care center, Sept. 21, 2023, in New York City, after a 1-year-old child died and three other children were injured from alleged exposure to the drug fentanyl.
Police and crime scene investigators work at a Bronx day care center, Sept. 21, 2023, in New York City, after a 1-year-old child died and three other children were injured from alleged exposure to the drug fentanyl.
Spencer Platt/Getty Images

Garcia appeared in federal court on Wednesday and was detained on consent. He was not arraigned in federal court and has not entered a plea in either the state or federal cases.

A fourth defendant, Renny Antonio Parra Paredes, was also arrested in the fentanyl exposure incident and is facing federal charges of conspiracy to distribute narcotics.

All four suspects are scheduled to appear in federal court on Oct. 12.

PHOTO: Carlisto Acevedo-Brito, a suspect in the day care death of 1-year-old Nicholas Dominici, was taken from the NYPD 52nd Precinct in the Bronx on Sept. 17, 2023.
Carlisto Acevedo-Brito, a suspect in the day care death of 1-year-old Nicholas Dominici, was taken from the NYPD 52nd Precinct in the Bronx on Sept. 17, 2023.
Theodore Parisienne for NY Daily News via Getty Images

The suspects are accused of storing a kilo of fentanyl in a closet at the day care center, prosecutors said. Six kilos of fentanyl-laced heroin and other controlled substances were found beneath a trap door at the center that was hidden by a padded mat that the children used to nap on, prosecutors said.

Mendez called 911 on Sept. 15, reporting that the children had fallen ill, according to police. Investigators said that before Mendez called 911, she phoned her husband.

PHOTO: A trap door where drugs were found under a children's mat at the Bronx day care.
A trap door where drugs were found under a children's mat at the Bronx day care.
Bronx District Attorney's Office

In all, four children were sickened from fentanyl exposure at the day care center, and paramedics used Narcan to revive three of them. Nicholas could not be resuscitated and died at a hospital. The children who survived range in age from 8 months to 2 years, officials said.

Mendez is also accused of deleting more than 20,000 text messages that she and her husband exchanged between March 2021 and the day Nicholas Dominici died from fentanyl exposure, authorities said.

PHOTO: A sink with Narcan or Naloxone, an opioid antagonist medication that is used to reverse an opioid overdose, found at the Bronx day care.
A sink with Narcan or Naloxone, an opioid antagonist medication that is used to reverse an opioid overdose, found at the Bronx day care.
Bronx District Attorney's Office

Garcia was captured on surveillance video allegedly fleeing the day care via a back alley and carrying two heavy shopping bags while the children were ill, according to prosecutors.

Mendez's attorney claimed she was not aware the drugs were stashed at the center. Attorneys for the other suspects have not publicly commented on the charges.