A Colorado jury this week convicted a 33-year-old father of child abuse after his toddler daughter died from fentanyl poisoning.
Colorado 17th Judicial District Attorney Brian Mason’s office announced on Jan. 23 the conviction of Alonzo Montoya following a two-week trial in Adams County District Court. The jury found Mr. Montoya guilty of child abuse resulting in death, two counts of child abuse by knowing exposure to controlled substance manufacturing, and child abuse resulting in no injury.
He was also found guilty of a pattern of racketeering and conspiracy to commit a pattern of racketeering under the Colorado Organized Crime Control Act.
On Jan. 2, 2022, Mr. Montoya’s 22-month-old daughter, Aviyana Montoya, died in their Brighton home after ingesting ten times the amount of fentanyl needed to kill an adult user, police said.
According to the DA’s office, Aviyana was found unresponsive and not breathing in the afternoon of Jan. 2. Paramedics responded and she was pronounced dead on scene.
No one checked on her for 14 hours, the DA’s office said.
The Brighton Police Department and the North Metro Task Force conducted an investigation and found that Mr. Montoya was running a drug-dealing operation out of his home. According to video surveillance, drugs were being sold and used before, during, and after Aviyana’s death.
Police said on the night of Aviyana’s death, video footage showed the toddler playing on a bed in the master bedroom where individuals were using drugs. The toddler was placing objects in and around her mouth as she was teething, according to police.
“It is one of the most outrageous cases I have seen. My heart breaks for this little girl, who truly never had a chance. I am grateful to my team for seeing this case through as well as the Brighton Police Department and North Metro Task Force for their thorough investigative work. I thank the jury for sitting through the difficult facts in this case and delivering a just verdict on behalf of Aviyana,” District Attorney Brian Mason said in a statement.
In September 2022, a grand jury indicted Mr. Montoya on various charges including first-degree murder, pattern of racketeering, conspiracy to commit a pattern of racketeering, child abuse resulting in death, child abuse involving exposure of controlled substance manufacturing activities, and child abuse in connection with another child of his.
However, on Dec. 11, 2022, a county judge dismissed the first-degree murder charge because there was no evidence supporting a finding of probable cause that the parents “knowingly caused the death” of their child. The case proceeded to trial even though the murder charge was dropped.
On Jan. 8, 2024, a jury heard testimony from police officers, members of the task force, doctors, and toxicology experts. Following a two-day deliberation, the jury found him guilty on all remaining charges.
Dangerous Drug
Fentanyl is a synthetic opioid painkiller that is 50 times more potent than heroin and 100 times more potent than morphine, according to the U.S. Drug Enforcement Administration.In 2022, the DEA seized “over 50.6 million fentanyl-laced, fake prescription pills and more than 10,000 pounds of fentanyl powder.” DEA Administrator Anne Milgram said it was enough to kill every American.
Most fentanyl in America is made in Mexican drug factories from Chinese chemicals, according to the DEA. Then, cartels ship it over the border.
