Father of toddler who died of fentanyl intoxication indicted
BUFFALO, N.Y. (WIVB) — The father of a toddler who died in November of 2023 due to acute fentanyl intoxication has been indicted on one count of second-degree manslaughter, according to the Erie County District Attorney’s Office.
Joseph A. Smith, 34, of Sloan, was arraigned Friday morning in connection with the 2023 death in Cheektowaga. Mike Keane at the Erie County District Attorney’s Office claimed, “It was preventable. The parents should never have had fentanyl exposed or had this baby in any way, shape or form exposed to fentanyl.”
Police responded to a residence on Nov. 19 and allegedly found a 15-month-old child who was not breathing. Officials say the child, Theodore Alicea-Smith, was taken to Sisters Hospital and died later that same day.
The Erie County Medical Examiner’s Office determined that the cause of death was acute fentanyl intoxication.
“We know that people are using opiates, opioids. We know that people are using fentanyl and heroin,” Keane said. “We want them to call 911 immediately when there’s a suspicion of an overdose. That’s the best chance we have to save someone’s life.”
The toddler’s mother, Rachel Alicea, 32, of Sloan, was also charged with second-degree manslaughter on Wednesday for her alleged involvement.
“We think this was an act of recklessness on the parents and that’s the accusation,” Keane said. “Fentanyl is well known as being a deadly, poisonous drug, and it kills people very quickly in very, very small doses, very limited exposure. That’s what we allege happened here.”
Alicea was released on a $100,000 bond while Smith was held on a $200,000 cash or bond bail. If convicted, they face a maximum of 15 years in prison.
If you or someone you know is seeking support with drug addiction, the Buffalo & Erie County addictions hotline is available 24/7 at 716-831-7007.
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