The tragic death of little Aviyana Montoya: Parents cleared of murder in toddler's fentanyl poisoning

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Aviyana's hair follicle test revealed that she was exposed to cocaine, meth, and marijuana for three months prior to her death, according to a judge's ruling. Montoya and Casias were indicted in September on charges including first-degree murder. Initially, both were charged with child abuse resulting in death.

In his ruling, Chief Judge Don Quick dismissed the first-degree murder charges, pointing out there is no sufficient evidence to suggest the parents "knowingly caused the death" of their child. "There was no evidence that either Defendant gave fentanyl to the child, knew the child had consumed fentanyl, or had let the child roam free overnight with fentanyl being available within easy reach," Quick wrote in the ruling. "If so, the Court could have found evidence establishing probable cause for the murder charge." "For over six hours this child struggled to stay alive. She cried, coughed, and gasped for breath as her lungs filled with fluids. Yet, no one came in to help her. This evidence is shocking in its disregard for the child’s wellbeing. But, it does not demonstrate that the Defendants were practically certain that their acts would result in the victim’s death," the ruling states. The decision was made following the request of the defense attorneys to investigate the probable motive in the case. 

Casias and Montoya are also each charged with: COCCA - pattern of racketeering, COCCA - conspiracy, Child abuse resulting in death, 2 counts of child abuse - manufacture of controlled substance, Child abuse - knowingly/recklessly - no injury.