NYC man gets 45 years in prison for trafficking fentanyl at Bronx day care, killing a toddler

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FELIX HERRERA GARCIA by is licensed under PIX 11
NEW YORK CITY, NY- A press release from the U.S. District Attorney's Office, Southern District of New York, announced the sentencing of a man who will be sent to prison for 45 years for trafficking fentanyl out of a daycare center where a toddler died and three others were poisoned after they were exposed to the deadly drug.

According to NBC News, 35-year-old Felix Herrera Garcia was sentenced to 45 years plus five years of supervised release. Back in June, Garcia pleaded guilty to distributing narcotics resulting in death and possession with intent to distribute narcotics resulting in death. The complaint, indictment, and other documents stated that from at least October 2022 through September 2023, Garcia and others conspired to distribute narcotics out of Divino Niño Daycare in the Bronx.

At the daycare, Garcia and his co-conspirators maintained more than 11 kilograms of fentanyl and heroin in secret compartments, or traps, located underneath the floor tiles in the playroom of the daycare, where the children played, ate, and slept on a daily basis. Due to this criminal behavior, the drug conspiracy perpetrated by Garcia and his co-conspirators, four children at the daycare, all of whom were under three years of age, experienced the effects of poisoning from exposure to fentanyl; three of the children were hospitalized and the fourth child, a 22-month-old boy, died.

The criminal complaint stated that the surviving children had to be given the overdose reversal drug naloxone, known by the brand name Narcan. Garcia, his wife, and two other people were charged in connection with the September 15, 2023, poisoning of children at the daycare center. According to NBC News, those individuals have been identified as 36-year-old Grei Mendez, the owner of they daycare, 41-year-old Carlisto Acevedo Brito, and 38-year-old Renny Antonio Parra Paredes.

Garcia was captured in Mexico after he fled the country. Mexican state police and agents with the U.S. Drug Enforcement Administration and the U.S. Marshals Service took Garcia into custody on a bus heading to Sinaloa. ABC News reported that he was on the run for two weeks before being captured and arrested. He admitted that he had stored fentanyl beneath the floor of the daycare's playroom. 

At the sentencing, he was given a chance to speak prior to the sentence being given. He said that he hoped that the families of the children would one day be able to forgive him, adding, "At night, I have nightmares about what happened that day." Garcia said that he and his children had played with the children at the daycare and that he tried to save two of the children. He said that he did not flee until the ambulance arrived.

Judge Jed S. Rakoff rejected a request by prosecutors that Garcia get life in prison because the death was not premeditated murder but was more akin to manslaughter in which a depraved indifference to human life is shown. The judge said, "This is so far removed from everyday manslaughter." The defense, on the other hand, had requested the mandatory minimum 20-year prison term. The cases against Garcia's wife and the other two individuals are still pending. 

At the sentencing, U.S. Attorney Damian Williams said that Garcia recklessly placed babies at risk of fentanyl exposure. He added, "This case demonstrates the deadly reach and scope of the fentanyl epidemic, and the profound damage it inflicts on American lives, including the lives of the most vulnerable among us. This office and our law enforcement partners will work tirelessly to ensure that anyone who harms or risk the lives of children in connection with their deadly narcotics activities will be brought to justice."
 
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