UPDATE: The Erie County District Attorney's Office announced on Friday that 34-year-old Joseph A. Smith of Sloan was also arraigned on an indictment charging him with one count of second-degree manslaughter. Read more here.
ORIGINAL: 15-month-old Theodore Alicea Smith died from "acute fentanyl intoxication," and now his mother, 32-year-old Rachael Alicea of Sloan, is facing a manslaughter charge.
The Erie County District Attorney's Office announced that Alicea was arraigned in State Supreme Court on an indictment charging her with one count of second-degree manslaughter.
The district attorney's office said Alicea is accused of recklessly causing the death of her son by exposing the toddler to fentanyl inside their home.
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.
Alicea was held on bail set at $100,000 cash or bond; or release under supervision and a return court date has not been scheduled.
Acting district attorney Michael Keane tells 7 News this is a senseless tragedy.
“I haven’t seen a case like this involving a child, let alone a baby,” Keane said.
DA Keane tells 7 News reporter Derek Heid Theodore’s death was unintentional but still inexcusable.
“We certainly want to help people that have addictions, and we want to make sure they stay out of the criminal justice system, but when people end up dead, especially a little baby, we will prosecute them,” Keane said. “This baby is no longer with us and has died because of the recklessness of this mom.”
Erie County Health Commissioner Dr. Gale Burstein also shared her insights into the Fentanyl epidemic’s impact on our community.
“Obviously, we all know fentanyl is deadly for adults, but how much more dangerous can it be for young children?” 7 News reporter Derek Heid asked.
“The same drug that we would take may not have an effect on an adult, [but] in a child, it would be much more concentrated since they have a smaller blood volume,” Dr. Burstein said, “It causes much stronger toxic effects.”
Dr. Burstein also wants to make sure people know more about Narcan, and that anybody can take it.
“Narcan works regardless of age. It’s a no-risk situation of giving Narcan. You could save a life, and if they’re unconscious from something else there’s no harm done.”
Both Keane and Burstein encourage those struggling with opioid addiction to seek help and reach out to the county’s several support systems.
