SAN JOSE – A jury in Santa Clara County has convicted Evan Frostick, 28, and Kelly Lau, 30, of second-degree murder and felony child abuse in the fentanyl-exposure death of their 18-month-old daughter, Winter Rayo. The verdict, delivered after approximately two days of deliberation, marks the first time parents in the county have faced and received a murder conviction for a child's fentanyl-related death. The tragic incident occurred in July 2022 when Winter ingested fentanyl at their San Jose home.
Santa Clara County District Attorney Jeff Rosen hailed the decision as a significant development, stating, > "This is a milestone for our county and our state." He added that the verdict serves as "a warning to anyone who would expose a child to fentanyl." Both Frostick and Lau now face potential sentences of 15 years to life in prison, with their sentencing scheduled for July 19.
Prosecutors argued that the parents were fully aware of the dangers of fentanyl and had received warnings from child protective services and law enforcement regarding the presence of drugs in their residence. Deputy District Attorney Rebekah Wise emphasized during closing arguments, > "They knew what fentanyl was, they knew how dangerous it was, and they knew it was in their home. They knew their child was in danger, and they did nothing."
Defense attorneys contended that Winter's death was a tragic accident, not an intentional act, asserting that the parents were struggling with addiction and did not intend to harm their daughter. They characterized the charges as an overreach by the prosecution. However, the jury sided with the prosecution's argument that the parents' actions constituted murder.
This conviction is part of a broader trend in Santa Clara County, where prosecutors have adopted a more aggressive stance on cases involving child fentanyl exposure. The District Attorney’s Office previously announced a series of similar charges, signaling a heightened focus on accountability for parents in such circumstances. The case has garnered considerable attention amid the ongoing national fentanyl crisis and its devastating impact on families.
