Defendants Also Charged with Assault for Sickening Three Other Babies, First-Degree Narcotics Possession, Endangering Welfare of
District Attorney Darcel D. Clark today announced that the operator of a daycare, her husband and his cousin have been indicted for Murder under circumstances evincing a depraved indifference to human life, Assault, and other charges for allegedly exposing four babies to fentanyl stored in the daycare, leading to the death of Nicholas Dominici, 22 months old.
District Attorney Clark said, “A beautiful little boy lost his life and three precious children aged eight months to two years became seriously ill from fentanyl poisoning. This is a catastrophe. Our sorrow is matched only by outrage because these babies were shields to protect a narcotics operation. Nicholas’ death was entirely—excruciatingly—needless and avoidable. We will get justice for him, the other children and their families.”
District Attorney Clark said Grei Mendez, 36, and Felix Herrera Garcia, 34, both of 2705 Morris Avenue, the Bronx, and Carlisto Brito, 41, of 2707 Morris Avenue, were arraigned today on an indictment charging second-degree Murder, first-degree Criminal Possession of a Controlled Substance, second-degree Manslaughter, four counts of first-degree Assault, five counts of second-degree Assault, second, third and fourth-degree Criminal Possession of a Controlled Substance and four counts of Endangering the Welfare of a Child before Bronx Supreme Court Justice Margaret Clancy. The defendants are remanded and are due back in court on November 27, 2023.
According to the investigation, on September 15, 2023, at 2:43 p.m. in an apartment in 2707 Morris Avenue that was a licensed daycare, and where Brito resided in a bedroom, four children were poisoned by exposure to fentanyl, resulting in the death of Nicholas Dominici and acute opioid intoxication requiring hospital treatment for an 8-month-old girl, her 2-year-old brother and another 2-year-old boy. Emergency Medical Service Technicians used Narcan to reverse symptoms of the brother and sister, but Nicholas died. The other boy was treated at the hospital.
According to the investigation, a kilo of fentanyl was found in a closet in the daycare apartment, and six kilos of fentanyl, heroin and other controlled substances were found under a trap door in the floor, under a padded mat where children napped. Kilo presses and other drug paraphernalia were found in the apartment.
District Attorney Clark thanked NYPD Detectives Manuel Cruz of the 52nd Precinct and Sheldon Smith of Bronx Homicide for their work in the investigation.
An indictment is an accusatory instrument and not proof of a defendant’s guilt.
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