BUFFALO, N.Y. (WKBW) — The Erie County District Attorney's Office announced that 34-year-old Joseph A. Smith of Sloan was arraigned in Erie County Court on an indictment charging him with one count of second-degree manslaughter.
The district attorney's office said Smith, and 32-year-old Rachael L. Alicea, are accused of recklessly causing the death of their son, 15-month-old Theodore Alicea Smith, by exposing the toddler to fentanyl inside their home.
Alicea was arraigned on an indictment charging her with one count of second-degree manslaughter earlier this week.
According to the district attorney's office, on November 19, 2023, police and paramedics responded to the home on the 2200 block of William Street in the Town of Cheektowaga for a report of a child who was not breathing. Alicea Smith was taken by ambulance to Sisters Hospital St. Joseph Campus where he later died. The Erie County Medical Examiner’s Office determined that the toddler died from acute fentanyl intoxication.
Smith was held on bail set at $200,000 cash or bond and Alicea was released on a $100,000 bond. Both are scheduled to return on May 13 for a pre-trial conference.
Smith and Alicea face a maximum sentence of 15 years in prison if convicted of the charge.
