SAN JOSE, CALIFORNIA — A San Jose man and woman have been convicted of murder in the fatal drug overdose death of their 19-month-old daughter, the Santa Clara County District Attorney’s Office announced Friday. A jury found Derek Rayo, 29, and Kelly Richardson, 31, responsible for the 2023 death of toddler Winter Rayo after the couple left their young daughter in a room with fentanyl and methamphetamine, resulting in a fatal overdose that claimed the little girl’s life.
What the Jury Found
The jury delivered a murder conviction against both Derek Rayo and Kelly Richardson, holding the San Jose parents fully responsible for the 2023 death of their 19-month-old daughter Winter Rayo. The conviction was announced by the Santa Clara County District Attorney’s Office on Friday following the conclusion of the trial.
The core of the case against both parents centered on the decision to leave their toddler daughter in a room where fentanyl and methamphetamine were accessible, an act the jury determined rose to the level of murder given the fatal consequences for the child.
How Baby Winter Died
Nineteen-month-old Winter Rayo died in 2023 from a fatal drug overdose after being left in a room containing fentanyl and methamphetamine by her parents. The combination of the toddler’s age, her complete vulnerability, and the deadly nature of fentanyl in even trace amounts made the exposure immediately life threatening.
Fentanyl is an extraordinarily potent synthetic opioid that is lethal in extremely small doses even for adults, making accidental exposure for a toddler virtually unsurvivable without immediate emergency medical intervention. The Santa Clara County District Attorney’s Office pursued murder charges against both parents given the deliberate nature of leaving the child in those conditions.
Both Parents Now Convicted of Murder
Derek Rayo, 29, and Kelly Richardson, 31, both now stand convicted of murder in connection with the death of their daughter Winter Rayo. The conviction marks the conclusion of a case that drew widespread attention and heartbreak from the San Jose community and beyond since the toddler’s death in 2023.
Sentencing details for both Derek Rayo and Kelly Richardson were not included in the available source information at the time of reporting, with further proceedings expected to follow the Friday conviction announcement from the Santa Clara County District Attorney’s Office. Stay with GordonRamsayClub.com for the latest updates.



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