SJ parents accused ‘drug kingpins,’ stashed 55K fentanyl pills under baby’s crib: prosecutors

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By Yosi Yahoudai
Founder and Managing Partner

SAN JOSE, Calif. – The Santa Clara County District Attorney charged two San Jose parents on Thursday with stashing a backpack full of 55,000 fentanyl pills under their baby’s crib – one of the largest seizures of the deadly opioids in county history.

“These were large-time drug dealers,” said Deputy District Attorney Robert Philbrook.

Octavian Moreno, 27, and Krystal Delgado, 23, were arraigned on three counts of possessing narcotics for sale, one count of child endangerment, and unlawful possession of a firearm.

Efforts to reach the couple or determine if they had an attorney were not immediately successful. 

Investigators with the Santa Clara County Specialized Enforcement Team on Monday also found 13 pounds of marijuana, 1.5 pounds of cocaine, a loaded firearm, two digital scales, and almost $4,000 in cash.

Police searched the couple’s apartment, where they also found 13 pounds of fentanyl in pill form. The pills were in plastic bags with “10k” labeled on them. 

Officers found the couple’s one-year-old baby playing in his playpen a few feet away from one of the bags of marijuana, prosecutors said. The cocaine was found in a kitchen cabinet next to the baby’s formula, while the gun was in an unlocked drawer in the same kitchen.

“I know for so many in our community it’s frustrating to hear that we still have these crimes existing, because it doesn’t make sense. Like, why don’t you do everything to protect your child?,” said Supervisor Cindy Chavez, who also chairs the county’s fentanyl taskforce.

Two babies in Santa Clara County, known as Baby Phoenix and Baby Winter, have already died of fentanyl overdose.

Prosecutors charged the parents in both those cases with murder. 

The baby in this case did not die, but DA Jeff Rosen said in a statement that he wants these charges to serve as a warning to all parents. 

“I am relieved today that we have not added another name to that tragic list,” Rosen said.

Superior Court Judge Hector Ramon ordered Moreno to be held on $275,000 bail, and Delgado on a $200,000 bond. The baby was placed in the care of their paternal grandmother.

“When you see something, say something because it wasn’t just a risk to that baby. It would have been a risk to any child visiting that home. It would have been a risk to any child where those drugs were sold,” said Chavez.

Judge Ramon said he wanted “guardrails” to insure the child’s safety and issued a protective order against both parents, which brought Delgado to tears as she sat in court.

“They are making a choice to sell this drug. Nobody is forcing them to sell it. And to sell it out of their apartment with their baby, is beyond belief,” said Philbrook.

Both Moreno and Delgado will be back in superior court on July 18 to enter pleas. A conviction on all counts could keep them away from their child for well over a decade.


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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.