Editor’s Note: The following is an extended version of the story that appears in our print edition dated April 18-May 1, 2024.

 

Bronx daycare owner, Grei Mendez, appeared in Bronx Criminal Court on Tuesday, April 9. Facing various State charges, following the unintentional death by fentanyl poisoning of one-year-old Nicholas Feliz Dominici at Divino Niño Daycare Center in Kingsbridge Heights on Sept. 15, 2023, her defense attorney alleges she’s not a monster.

 

As reported, Mendez, 36 at the time of her arrest, has also been charged with various federal crimes related to distributing fentanyl, including at Divino Niño Daycare Center, located at 2707 Morris Avenue in The Bronx., allegedly between in or about July 2023 through at least in or about September 2023, alongside her husband, Felix Herrera Garcia, and alleged accomplices, Carlisto Acevedo Brito and Renny Antonio Parra Paredes, a/k/a “El Gallo.”

 

According to gueyspanish.com, though “el gallo” literally means “rooster,” it is used in two different ways in Mexico. The first is to refer to a big, successful man, like the English phrase “cock of the walk.” The second is used to refer to marijuana cigarettes.

 

Speaking to Norwood News after the day’s court proceedings on April 9, defense attorney for Mendez, Javier Solano, said in part of his client, “She’s not some monster; she’s not. This is a person who’s literally cared for these [people?/inaudible]. She really wanted to do a good job as a daycare worker at the daycare business. She’s a loving mother; every day her heart is breaking. If she could probably give up her life for those kids, she would, in a second.”

 

As also reported, Bronx District Attorney Darcel Clark previously announced that Mendez and Herrera Garcia, 34, both of 2705 Morris Avenue in Kingsbridge Heights, along with Acevedo Brito, 41, also of 2707 Morris Avenue, were charged with second-degree murder, first-degree criminal possession of a controlled substance, second-degree manslaughter, four counts of first-degree assault, five counts of second-degree assault, second, third, and fourth-degree criminal possession of a controlled substance, and four counts of endangering the welfare of a child before Bronx Supreme Court Justice Margaret Clancy in October 2023.

According to the investigation, on Sept. 15, 2023, at 2:43 p.m. in an apartment in 2707 Morris Avenue, a licensed daycare, and where Acevedo Brito resided in a bedroom, four children were poisoned through exposure to fentanyl, resulting in Nicholas’ death and acute opioid intoxication requiring hospital treatment for an 8-month-old baby girl, her 2-year-old brother, and another 2-year-old boy. EMS used Narcan to reverse the symptoms of the brother and sister, but Nicholas died. Another infant boy was treated at the hospital, and also survived.

 

As reported, a kilo of fentanyl was found in a closet in the daycare apartment, and six kilos of fentanyl, heroin and other controlled substances were found under a trap door in the floor, under a padded mat where children napped. Kilo presses and other drug paraphernalia were found in the apartment. All four defendants were remanded in custody. City health officials had previously confirmed the daycare center had passed prior inspections before opening, including at least one unannounced, onsite inspection.

 

Handcuffed and surrounded by several guards, a tearful Mendez, who Solano said is originally from the Dominican Republic, and who was dressed in a light brown jumpsuit, appeared in court with red eyes and a lowered head for the most part. Some members of her family were also present on the day and Solano said Mendez, who is being detained in federal prison pending her trial, had met with some of them privately before her court appearance.

 

In addition to Solano, Mendez was accompanied by a Spanish interpreter during her appearance. Karl Miller represented the Office of the Bronx District Attorney. Clancy granted permission for media coverage of the proceedings, confirming that neither the defense nor the prosecution had taken a position on the matter. The judge ruled that coverage was to be limited, and courtroom attendees or family members could not be filmed by the media.

 

The judge explained that a motion to take a DNA sample [from Mendez] had been filed by the prosecution and the defense had consented to it on the understanding its use would be limited to the case at hand. It was confirmed that the sample had been granted and the swab had been taken on the morning of the trial. The defense concurred.

Clancy went on to say that the federal trial was set for a later date in June, and asked Miller if he had been cross designated [to aid federal prosecutors] in the context of the federal trial. Miller replied, “Not officially,” before adding he expected that this would happen. Addressing both attorneys, Clancy then said, “As you know, there’s no way this will go to trial before the federal case.”

 

Solano replied, “I know that that’s what people say but I don’t know why it shouldn’t. My position, your Honor, is that we got the discovery from Mr. Miller. I spent the time to go through the discovery. It’s not a complicated case, serious but not complicated, and certainly, since it doesn’t appear that the resolution of that case in federal court is going to resolve this case, frankly, I don’t know why we need to wait but..”

 

Discovery is the compulsory disclosure by a party to an action of relevant documents referred to by the other party in a legal setting. Clancy said she didn’t disagree with Solano, adding, “You’re correct, and I’m happy to put it on for trial before then [the federal case].” However, Clancy said that in her experience, witness availability and the scheduling of the defendants to appear in State court would likely be difficult due to the upcoming federal case. “I’ll put it on for a hearing and trial before then, and we’ll see what we can do, but I’m not an optimist,” she said.

 

Miller then said the District Attorney’s stance was to wait for the federal case to be heard. A tentative May date was agreed for a hearing and trial for the State proceedings. Before the court session ended, in reference to the co-defendants’ cases, Miller said Herrera Garcia was scheduled for a similar DNA swab on April 10, and Acevedo Brito for a later date in June.

 

Speaking to Norwood News and other reporters outside the courthouse later that day, Solano said of Mendez, “Every time you see her, every single day since this has happened, she has been suffering. I understand the pain that the [victim’s] family is going through. In no way am I trying to minimize that in any way, but you know, people make it seem like she has no emotion, doesn’t care; that’s just not the case.”

We asked Solano about alleged reports that before calling 911, Mendez had allegedly sent some text messages to one of the co-defendants. He replied, “I ask you this question. You have a daycare, and you have kids that are unresponsive. Are you so sure that you would know exactly what you would do at that moment?” Norwood News responded, “Call 911.”

 

Solano said, “You would think so, because you know why? Because right now, you’re not under the pressure of anything. Right now, you’re not completely panicked. Right now, you’re not terrified.” He continued, “And yes, as we stand here, completely clearheaded, yes. The right thing is maybe I should call 911, but under the stress of the event, sometimes people do things differently.”

 

He said that didn’t necessarily mean that they were intending to do something else, or that they knew of something else. “Just people under pressure, under emergency situations, some people that you think are the strongest, bravest people run the other way,” he said. “Some people that you think are the weakest people go into the fire, into the danger.”

Solano added, “During the trial, when it happens, you’ll see that I’m going to be able to show this jury that she didn’t do anything in terms of who she called and when she called, that contributed to any kind of criminality in this case.”

 

Asked more about Mendez’s background, Solano described her as a worker all her life. We asked if she always worked in childcare. He said, “Not always childcare, but it was one of her dreams. She wanted to get into childcare, and it really was something that was amazing [eventually running the daycare center]. Sometimes in life, we pick partners that we shouldn’t necessarily pick,” he said, seemingly in a veiled reference to Mendez’s husband, who, as above, also faces charges.

 

“And there’s always a lot of dynamic in that and whether you stay in a relationship, you don’t stay in a relationship,” he said. “She has young kids, herself.” Asked if her kids were with their grandmother, Solano said, “Yes, but at some point, the Administration of Child Services (ACS) is trying to take her kids from her because of this.”

 

Solano then talked about the proportionality of the punishment. “What is enough?” he asked of the charges. Acknowledging that even if Nicholas’ death and the poisoning of the other children was not intentional, we pressed Solano about Mendez’s alleged negligence, and whether the charges imposed were not akin to other forms of child negligence, giving the example of a DUI charge or leaving a child in any type of dangerous situation, and given he appeared to be suggesting the imposed charges on Mendez were disproportionate to the crime.

 

He said for negligence, there had to be some level of knowledge, seemingly implying Mendez was unaware of the existence of the fentanyl at the daycare center. He compared this to a DUI scenario where an act of intoxication, for example, is voluntary (i.e. in the case where intoxication is actually voluntary, and not referring to a case where someone has had their drink spiked, for example.)

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