Felix Herrera Garcia, the arrested husband of Grei Mendez, the caretaker of Divino Niño Daycare Center, who has been charged with murder and other drug trafficking offenses following the apparent fatal fentanyl poisoning of one-year-old Nicholas Dominicus at the Kingsbridge Heights-based center on Sept. 15, has, himself, been charged with drug trafficking resulting in death in connection with the incident. Three other infants were also poisoned during the same incident but are recovering, as reported.

 

Damian Williams, U. S. Attorney for the Southern District of New York, Anne Milgram, the administrator of the Drug Enforcement Administration (“DEA”), and NYPD Police Commissioner Edward A. Caban announced on Thursday, Sept. 28, the unsealing of a criminal complaint in Manhattan federal court charging Herrera Garcia with conspiracy to distribute narcotics resulting in death in connection with the poisoning of the four children, all under the age of three, at the Bronx daycare facility. They said Herrera Garcia is in custody and will be presented on Thursday before U.S. Magistrate Judge Michael S. Berg, in U.S. District Court for the Southern District of California.

 

When asked in recent days about his status, as reported, the NYPD only confirmed that a person of interest in connection with the case had been taken into custody in Mexico in recent days, but did not confirm any further details.

 

On Thursday, Williams said, “Last night, Felix Herrera was arrested for his alleged role in running a fentanyl mill hidden inside a Bronx daycare, which caused the tragic death of a one-year-old boy and seriously injured three other children. Herrera’s arrest on the other side of the nation reflects our tireless pursuit of Herrera, who fled the daycare even as the children he abandoned inside were suffering from his poisonous trade.”

 

He continued, “As I vowed in the wake of this horrific crime, Herrera’s arrest demonstrates once again that my office and our dedicated law enforcement partners will stop at nothing to bring those who contribute to the deadly opioid crisis, which impacts even our most vulnerable community members, to justice.”

As alleged in the complaint, from at least in or about July 2023 through at least in or about September 2023, Felix Herrera Garcia and others, including Mendez, and Carlisto Acevedo Brito and Renny Antonio Parra Paredes, a/k/a “El Gallo,” conspired to distribute fentanyl, including at Divino Niño Daycare Center at 2707 Morris Avenue in The Bronx.

 

There, despite the daily presence of children, including infants, Herrera Garcia and his co-conspirators maintained large quantities of narcotics, including a kilogram of fentanyl stored on top of children’s playmats and large quantities of suspected narcotics in hidden compartments known as “traps” located in the floor of the room in which the children played and slept. Also found in the daycare were materials used to package narcotics, including three “kilo presses.”

 

Prosecutors said that as a consequence of the drug conspiracy engaged in by Herrera Garcia, and his co-conspirators, on or about Sept. 15, four children at the daycare, who were all under three years of age, appear to have experienced the effects of poisoning from exposure to fentanyl, as reported.

 

They said that immediately prior to calling 911 to report that the children in her care were unresponsive, Mendez called Herrera Garcia twice. They said the first phone call went unanswered, the second phone call lasted just over 10 seconds. They said then, only minutes before emergency personal arrived at the scene, surveillance footage shows Herrera Garcia walking swiftly from the building located next door to the daycare, where he and Mendez lived, and into the actual daycare center.

 

They said when he entered the daycare, he was empty-handed, and approximately two minutes later he exited again “moving swiftly” but carrying what appeared to be two shopping bags weighted with contents. They said instead of exiting through the front door, Herrera Garcia  exited through a back alley, and instead of following the paved alleyway behind the daycare’s building, he hurried through overgrown grass and bushes to exit the area.

Prosecution officials went on to say that furthermore, Mendez deleted around 21,526 messages from an encrypted messaging application on which she had exchanged messages with Herrera Garcia between on or about March 30, 2021 and Sept. 15. However, they said messages that have been recovered by law enforcement reveal that while Mendez was with members of law enforcement later on Sept. 15, following the incident at the daycare center, she informed Herrera Garcia that law enforcement was asking questions about him, including questions regarding his whereabouts. They said that Herrera Garcia instructed Mendez to tell law enforcement, among other things, that he was working.

    

Prosecution officials said Herrera Garcia had been at large since he fled out the back alley behind the daycare on Sept. 15 and was apprehended by Mexican authorities, working in coordination with U.S. law enforcement, and was arrested on Sept. 27 upon entry to the U.S.

 

They said Herrera Garcia, 34, of The Bronx, is charged with conspiracy to distribute narcotics resulting in death, and separately with possession with intent to distribute narcotics resulting in death. They said both charges carry a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. 

 

Giving her reaction, Milgram said, “Let me be clear: when it comes to protecting our communities and seeking justice, there are no boundaries, no safe havens, and no stones left unturned. This case is a stark reminder of the evil we face. The DEA will stop at nothing, and we will relentlessly pursue those responsible, no matter where they hide.”

 

Meanwhile, Caban said, “New York City law enforcement has a very long reach, and anyone who participates in the distribution of fentanyl in our communities will be held fully accountable – no matter where they run and try to hide. Today’s charges reflect abhorrent criminality that will always be intolerable here, and the NYPD and our dedicated state and federal partners vow to investigate and arrest all those responsible for this proliferating threat.”

 

The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only. Any sentencing of the defendant will be determined by the judge.

 

Assistant U.S. Attorneys Brandon C. Thompson and Maggie Lynaugh are in charge of prosecuting the case.

 

As reported, federal law enforcement officials also announced on Sept. 28 that over 40 pounds of fentanyl was seized six blocks from Divino Niño Daycare Center on Tuesday, Sept. 26, inside an apartment at 2800 Heath Avenue.

 

Separately, as also reported, on Wednesday, Sept. 27, Mayor Eric Adams, Manhattan District Attorney Alvin Bragg, Police Commissioner Edward Caban and others confirmed during a press conference that a second New York City daycare center (located in Manhattan North) has been shut down following the execution of three search warrants and the subsequent discovery of ghost guns in an unlocked room and a ghost gun 3D printing machine at the center.

 

A person arrested and charged with a crime is deemed innocent unless and until convicted in a court of law.

 

Read our previous stories on the Divino Nino Daycare Center tragedy here, here, here, here, here, here, and here. Read our previous stories on Narcan kit training here and here.

 

NYC Department of Health & Mental Hygiene (DOHMH) provides training and regularly updated information on how to obtain and administer naloxone (Narcan). Click here for more information.

 

A link to a legitimate GoFundMe page, set up by Nicholas’ parents to help with their financial expenses in the wake of the tragedy, can be found in our previous story here.

 

Editor’s Note: An earlier version of this story incorrectly reported that four, rather than three, other infants were also poisoned during the same incident but were recovering. This has since been corrected to three others. We apologize for this error.