San Jose mother accused in child's fentanyl death located by police

SAN JOSE, Calif. - A mother on the run from police after her toddler died of a fentanyl overdose has been located and taken into custody, the San Jose Police Department confirmed to KTVU. 

Kelly Richardson, 28, of San Jose was booked into the Santa Clara County Jail on Wednesday at 6:45 p.m. on no bail status, police said. According to booking records, she is due in court on Tuesday at noon. 

ALSO: San Jose Parents charged with murder after toddler dies of fentanyl poisoning

Santa Clara County District Attorney Jeff Rosen said that Richardson would face murder charges as soon as she was located. The child's father, Derek Vaughn Rayo, 27, of San Jose, is also facing murder charges for the death of his daughter, 18-month-old Winter Rose Rayo. 

Kelly Richardson, 28, of San Jose was taken into custody after the fentanyl death of her infant daughter  (Photo courtesy of San Jose Police Department)

Baby Winter was declared dead by fire crews on August 12, but they determined that the child had been dead for several hours before emergency services were called. 

Derek Rayo was charged with the Aug. 12, 2023, murder of his 18-month-old. Photo: SJPD 

The Santa Clara County Medical Examiner-Coroner released details of Baby Winter's death on Nov. 2, including that she had a fentanyl blood concentration that was far beyond lethal. Winter had 74 ng/mL in her blood, but a lethal dose for adults can be as little as 5 ng/mL. 

Sometime between the time of Baby Winter's death and the release of the coroner's report, Richardson went missing. 

Rayo was taken into custody in August, and he is being held at San Jose Mail Jail, also on no bail status. Rayo was due in court on Wednesday, but he refused to leave his cell. His case is continued until next week.