Murder charges upheld in San Jose toddler's fentanyl death

SAN JOSE, Calif. - A judge in San Jose has upheld murder charges against two people in connection with the fentanyl overdose death of a toddler.

Derek Rayo, the father of 18-month-old Winter Rose Rayo, and his roommate, Phillip Ortega, are set to stand trial on charges of murder, child endangerment, and drug-related offenses linked to Winter's death, the East Bay Times reported.

Another roommate initially faced a murder charge but is no longer accused.

Winter died last August. Investigators said that she had 25 times the lethal dose of fentanyl in her system at the time of her death.

Although the Santa Clara County District Attorney's Office also originally charged Winter's mother in relation to her death, a judge has temporarily halted her case awaiting the results of a court-ordered psychological evaluation, according to the East Bay Times.