Daycare Owners Found Guilty in Toddler’s Death Due to Fentanyl Exposure

A Bronx daycare owner and her husband were convicted of murder on Friday following the death of a 22-month-old boy, Nicholas Dominici, who was exposed to fentanyl. Nicholas’s mother described the verdict as “justice.”

After four days of discussions in Bronx Supreme Court, jurors decided the couple was guilty of second-degree murder, ruling they showed “depraved indifference” by concealing fentanyl under the floor of Divino Niño Nursery School, where children were napping.

“We don’t have children. There’s still an empty space that will remain for the rest of our lives. But we have justice. We have the justice that Nicholas deserves,” Zoila Dominici said shortly after the jury’s decision, referring to the couple, Gray Mendez and Felix Herrera Garcia.

“Thank you, Nicholas… in heaven,” she added through a translator, visibly distraught as tears flowed.

On September 15, 2023, the incident claimed Nicholas’s life and also harmed three other children, including a 2-year-old boy who required hospitalization and resuscitation with Narcan after a fentanyl overdose, narrowly avoiding death.

Mendez, 37, and Herrera Garcia, 38, faced separate charges in Manhattan federal court related to Nicholas’s death. They received 45-year sentences after admitting guilt to drug distribution charges leading to the tragic outcome.

Now, they could face life in prison due to state murder and assault charges pertinent to the poisoning incident.

The parents of Nicholas had pushed Bronx District Attorney Darcel Clark to prosecute the case, though federal authorities initially did not respond. The jury’s verdict followed nearly two months of gripping testimonies.

Nicholas’s father, Othoniel Ferris, shared his relief regarding the outcome.

“Right now, we have justice from the federal government, from the Bronx courts, from the Department of Justice. This is what we wanted. We are seeking justice for Nicholas,” he noted to reporters.

“Nicholas was a joyful child at home, looking for a safe space to learn and play. We aimed for a better future for him, and then this happened,” he expressed.

“These individuals were evil. They were indifferent to human life… indifferent to my son Nicholas’s life. They were corrupt,” he added, reflecting on the couple’s actions.

In closing remarks, Clark commented positively on the verdict, saying, “This is a great day. It’s justice for the family. When you send your kids to daycare, you expect them to learn and have fun, not to never come home.”