Carlsbad mom convicted in overdose death of 12-year-old appeals guilty verdict

A Carlsbad mother convicted of child abuse in the fatal 2021 fentanyl overdose of her 12-year-old appealed the conviction that led to a 14-year prison sentence.

Alexis Murray Smith was found guilty by a jury of a count each of child abuse resulting in death and child abuse not resulting in death following a five-day trial in September 2023 before Eddy County District Judge Lisa Riley.

Brent Sullivan was found dead in a shed on property owned by his grandmother Kelli Smith in the 2400 block of Western Way. Murray Smith dropped Sullivan and his infant sibling off at Smith’s earlier that day, police said. Smith faced identical charges and was scheduled for a jury trial Aug. 12.

Smith’s trial was moved to Chaves County after the court could not find a jury in Eddy County that had not heard of the case through news reports of Murray Smith’s trial.

In her appeal statement filed Feb. 19, Murray Smith admitted she was addicted to fentanyl herself for most of 2021, and that her mother Smith had also used the drug in the past but was sober at the time of the incident. The appeal also contended Murray Smith and Sullivan planned to attend drug rehab together, but never made it before the boy died.

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The Fifth Judicial District Attorney’s Office did not immediately respond to a request for comment from the Carlsbad Current-Argus.

The appeal also described how Murray Smith came to Smith’s to pick up the children the night before Sullivan’s death but found them “having a good time” and opted to let them stay the night at their grandmother’s house. Sullivan was found dead the next morning, police said.

Murray Smith via the appeal argued prosecutors failed to prove “beyond a reasonable doubt” that she knew there were drugs present and within reach at Smith’s home when she left Sullivan and his siblings for the night.

The presence of drugs at the home was suggested repeatedly by prosecutors during the trial via evidence purported to indicate there were drugs in the home and in vehicles parked outside. The defense refuted that evidence showed any drugs were present after police searched the property the day of Sullivan’s death.

Smith’s boyfriend at the time Michael Ortiz, who testified at trial, indicated the home was safe for children the night of Sullivan’s death, read the appeal. Ortiz was facing drug charges at the time he was called to testify. His assertions were, like Murray Smith’s testimony on the stand, that no adult was aware of Sullivan’s possession of fentanyl in the hours leading up to his death.

“Although there was some evidence that defendant-appellant (Murray Smith) knew about grandma’s past drug use, there was no evidence presented that defendant-appellant knew there were drugs in the home on or about September 28, 2021,” read the appeal. “In fact, after a very exhaustive and thorough search of grandma’s house, there were no drugs found.”

The appeal also argued the court unfairly allowed Ortiz’s police interview to be admitted in full as evidence at trial. A video of Ortiz’s interview with Carlsbad Police Detective Tim Nyce was played for the jury, despite objections from the defense. In the interview, Ortiz described finding Sullivan unconscious in the shed on the morning of his death. He also discussed Sullivan’s past overdoses from the drug and Ortiz said he used Narcan on the boy.

Ortiz also admitted in the interview that he and Smith trafficked fentanyl and other drugs out of the house on Western Way.

Murray Smith’s appeal disputed the admissibility of the video interview, calling it “hearsay” and contended police used improper interview tactics to cause Ortiz’s admissions.

Another key piece of evidence in the case were text messages between Murray Smith, Smith and Ortiz that were provided to the jury. Prosecutors intended to show evidence of the three frequently trafficking and using fentanyl. Defense objected to the texts being provided, but they were ultimately given to the jury redacted.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on the social media platform X.

This article originally appeared on Carlsbad Current-Argus: Carlsbad mom appeals guilty verdict in overdose death of son