Winter Rayo’s father and a housemate accused of supplying drugs to the child’s parents will face trial on murder; another housemate will only face a drug possession charge.
SAN JOSE — A judge has ruled that two people charged in the South Bay’s first-ever murder case for a child’s fentanyl overdose death will proceed to trial, while another defendant saw her murder charge dropped Monday following a preliminary examination that stretched over several weeks.
In another surprise development this past April, the Santa Clara County District Attorney’s Office filed murder charges against a couple who had lived at the same home, Ortega and Vitale,The testimony during the proceeding came largely from law-enforcement officers and the county coroner’s office detailing their discovery and examination of Winter’s body and the conditions of their Willow Glen-area home.
A large portion of testimony involved a DA’s investigator describing photos and text messages exchanged between the defendants that appeared to— including the imagery of a bong hanging off a stroller and someone holding a hand torch near the child. A crime-scene technician pored over photos taken of the home that showed drugs loosely contained in bins and cans in the garage, and white pills within a few feet of where Winter’s body was found.
Cathcart compared Ortega to a doctor prescribing addictive drugs knowing a patient will abuse them, and characterized him and Vitale as essential to feeding the parents’ addiction, accusing the latter of running drugs and keeping track of their drug debts. Dana Fite contended that Vitale was “tenuously connected to the actual death of Winter Rayo,” and on Monday, she voiced gratitude for Ryan’s decision to dismiss the most serious charges against her.
After Monday’s ruling, Hessling said she plans to file a motion to dismiss Ortega’s charges: “I do not believe there is a legal basis for this decision.”
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