Prosecutor: Baby’s home was “so toxic and dangerous it actually killed her”
David Castro, 38, was arrested on October 20th after his 3-month-old baby girl, Phoenix Castro, died of fentanyl poisoning. SAN JOSE — On the last day of David Castro’s preliminary hearing Thursday, when the judge ruled there was enough evidence for him to stand trial, the prosecutor made it clear that Castro wasn’t being charged with murder in the fentanyl overdose death of his infant daughter, Phoenix.
After listening to three days of prosecution witnesses, including a toxicologist who found fentanyl and methamphetamine in the baby’s blood and police detectives who found the same drugs in Castro’s San Jose apartment, Santa Clara County Superior Court Judge Paul Bernal ruled there was “sufficient cause to believe he’s guilty of that crime.” He also denied a defense request to release Castro from jail while he awaits trial. An arraignment is scheduled for March 11.
David Castro, 38, who is charged with felony child endangerment, wipes his eyes while hearing testimony about his 3-month-old baby’s death during his preliminary hearing at the Santa Clara Hall of Justice on Tuesday, Feb. 27, 2024, in San Jose, Calif. On Thursday, Castro’s defense lawyer, Mishya Singh, showed the judge photos Castro had taken of his infant daughter happy in her bouncy seat and videos of his tickling her tummy. Castro, 38, sat in a brown jail suit and shackles and wiped away tears as he watched.
That the father is being charged in her death, his defense lawyer said, is “unfair, not on a moral ground, look at the evidence.” Gershenovich, the prosecutor, objected before the officer could answer and later told the judge there was no evidence suggesting the mother drugged the baby or had access to drugs there.
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