Bronx Daycare Owner Receives 45-Year Sentence in Fentanyl Tragedy

Grei Mendez, a 37-year-old daycare operator from the Bronx, New York, has been sentenced to 45 years in prison following a harrowing case of fentanyl poisoning that resulted in the death of one child and severe harm to three others. The U.S. Attorney’s Office for the Southern District of New York announced the sentencing, which also includes five years of supervised release, on Monday. Mendez had previously pleaded guilty to charges of distributing narcotics resulting in death and possession with intent to distribute narcotics resulting in death, according to court documents.

The sentencing stems from a tragic incident that occurred in September 2023, when four children under the age of three suffered fentanyl poisoning while under Mendez’s care at her daycare center, Divino Niño Daycare. The daycare, operating out of a one-bedroom apartment, became the epicenter of a drug trafficking operation orchestrated by Mendez, her husband Felix Herrera Garcia, and his cousin Carlisto Acevedo Brito.

According to court documents and investigations conducted by the Drug Enforcement Administration (DEA), the trio had been running the drug operation from July 2023 to September 2023. Fentanyl, a highly potent and deadly synthetic opioid, was brazenly stored within the daycare premises, directly endangering the young children entrusted to Mendez’s care. The drugs were reportedly concealed on top of children’s playmats and within other items used for distribution, highlighting the blatant disregard for the children’s safety.

The horrifying events of September 15, 2023, unfolded when the four children, all under three years old, began exhibiting symptoms of distress. Mendez eventually contacted 911 at 2:40 p.m., reporting that three of the children, ranging from 8 months to two years old, were unresponsive. Emergency responders rushed to the scene and transported the children to a nearby hospital, where they administered Narcan, a nasal spray used to counteract opioid overdoses, to two of the children. Tragically, a one-year-old boy succumbed to the poisoning and was pronounced dead at the hospital.

Further investigation revealed that earlier that day, approximately two hours before Mendez’s 911 call, another one-year-old child had been picked up from the daycare. Upon arriving home, the child’s parents noticed that the toddler was lethargic and unresponsive. They promptly called 911, and doctors administered Narcan, ultimately leading to the child’s hospitalization. Medical professionals determined that all four children exhibited signs of opioid poisoning, with some showing improvement after receiving Narcan.

A subsequent search warrant executed at the daycare revealed the extent of the drug operation. The one-bedroom apartment, which housed a bedroom, playroom, bathroom, and kitchen, contained significant quantities of fentanyl, as well as press machines used for packaging the drugs. A kilogram of fentanyl was discovered concealed within a bag stacked on top of children’s playmats in a hallway closet near the bathroom.

Adding to the gravity of the situation, investigators uncovered evidence suggesting Mendez attempted to conceal her involvement in the drug trafficking operation. Before contacting 911, she made multiple phone calls, first to a daycare employee and then to her husband, Felix Herrera Garcia, twice. After the 911 call, she contacted her husband twice more. Surveillance footage captured Mendez leaving the property with shopping bags, exiting through the back of the building, which led to an alley. Her husband was also seen leaving the scene with shopping bags minutes before emergency responders arrived, heading in the same direction of the alley.

Furthermore, Mendez deleted over 21,000 messages from an encrypted messaging app on her phone, an app she had used to communicate with her husband between March 2021 and September 2023. Recovered messages revealed conversations where Mendez informed her husband that the police were inquiring about him, and he instructed her to tell them he was at work and to seek legal counsel.

During questioning by investigators, Mendez denied any knowledge of drugs being present at the daycare. She claimed that kilo presses found on the premises may have been left behind by a previous tenant, a statement authorities deemed implausible. Evidence also indicated that Garcia’s cousin, Acevedo Brito, resided in the unit’s bedroom. However, Acevedo Brito denied any knowledge of a kilo press found inside the bedroom closet.

Felix Herrera Garcia, Mendez’s husband, was also charged with conspiracy to distribute narcotics resulting in death and possession with intent to distribute narcotics resulting in death. He received a 45-year sentence in October. Carlisto Acevedo Brito, Garcia’s cousin, faced similar charges. The severity of the sentences reflects the devastating consequences of their actions and the disregard for the safety and well-being of the children entrusted to Mendez’s care.

Acting United States Attorney for the Southern District of New York Matthew Podolsky emphasized the severity of Mendez’s actions in a press release, stating that she put babies in harm’s way, and that children slept, played, and ate in a room where over 11 kilograms of fentanyl was hidden underneath their feet. Podolsky asserted that no punishment could make up for the loss of a child, but the sentence sends a clear message that his office and law enforcement partners will tirelessly pursue justice against anyone who uses children as a shield in the drug trade.

Javier A. Solano, Mendez’s lawyer at the state level, expressed sympathy for the families of the children who were poisoned and the child who died, but argued that the 45-year sentence was excessive. He emphasized that Mendez’s husband received the same sentence, implying that the court unfairly deemed her equally responsible for the crime.

The tragic case has sparked outrage and sadness, highlighting the devastating impact of the opioid crisis on communities and the vulnerability of children. The sentencing of Grei Mendez marks a significant step toward justice for the victims and their families. It serves as a stark reminder of the consequences of drug trafficking and the importance of protecting children from harm.