Alexis Smith to face jury trial in fentanyl overdose death of son following probable cause ruling

A Carlsbad woman charged in the death of her son in September from a fentanyl overdose will face a jury trial in Fifth Judicial District Court, according to court records.

Alexis Smith, 35, waived a preliminary hearing before Fifth Judicial District Judge Lisa Riley Oct. 22, read court records filed in district court.

Riley found probable cause for Smith to be tried in district court for intentional abuse of a child resulting in death, a first degree felony and abuse of a child, not resulting in death or great bodily harm, a third degree felony, court documents filed on Oct. 28 noted.

More:Carlsbad mom, grandmother charged after 12-year-old dies in apparent fentanyl overdose, police say

“She has already waived her preliminary hearing that is why it is proceeding to district court for a jury trial," said AnneMarie Lewis, assistant district attorney for the Fifth Judicial District.

Smith has a status conference hearing before Riley Dec. 27, court records indicated.

“Her status hearing is to inquire if her counsel (Todd Holmes from Alamogordo) is ready to proceed to her pretrial detention hearing,” Lewis said. “I do not have any information on potential dates for trial.”

Holmes did not return a request for comment from the Current-Argus.

Smith and her mother Kellie Smith, 55, were arrested in the death of 12-year-old Brent Sullivan Sept. 28. He was found unresponsive in a shed on his grandmother’s Carlsbad property in the 2400 block of Western Way, according to criminal complaints filed by the Carlsbad Police Department.

Alexis Smith and Kellie Smith told police during interviews Brent had been using the drug for several months, taking it from a stash the women kept in the home.

More:Court documents reveal details of Brent Sullivan's death as his mom and grandmother remain in jail

Kellie Smith was charged with abuse of a child resulting in death and abuse of a child and was later charged with two probation violations, court documents read.

She agreed to a search of her property and outbuildings based on advice and consent from her attorney Gary Mitchell of Ruidoso as a condition of her release from the Eddy County Detention Center.

Mitchell did not return a request for comment from the Current-Argus.

“The consensual search paperwork she signed is a requirement on her conditions of release. The purpose is to allow law enforcement to search, at their will,” Lewis said.

The U.S. Drug Enforcement Administration (DEA) cited fentanyl — a synthetic opioid typically used to treat patients with chronic severe pain or severe pain — as a Schedule II controlled substance similar to morphine but about 100 times more potent.  

DEA issued a public safety alert in September regarding distribution of counterfeit pills containing fentanyl in the United States, said Carlos Briano, spokesperson for the DEA's El Paso Division.

"We hadn't put out an alert like this in six years," he said. 

Briano said fake pills were made by drug trafficking organizations.

"These drug trafficking organizations are trans-continental, so they are in various countries. South America and in Asia. A lot of the precursor chemicals come from Asia," he said.

Briano encouraged strong dialogue on the dangers of fentanyl.

"There's a flood of these counterfeit pills coming into our country and they're easily accessible through social media, the dark web, through regular retail drug dealers. It is very important to have these open honest conversations about the dangers," he said. 

Briano said fentanyl has a potency rate stronger than heroin. 

Fentanyl seizures increase in Eddy County

Pecos Valley Drug Task Force (PVDTF) Cmdr. Lenin Leos said agents seized nearly 31,000 fentanyl pills in Eddy County this year.

He said Task Force members seized 1,740 fentanyl pills in 2019. The number increased to 3,147 in 2020.

During the 2019 through 2021 reporting period, Leos said nearly 36,000 fentanyl pills were seized by agents.

“Agents have been directed to prioritize fentanyl trafficking investigations above all other illicit drugs,” he said. “This is due to the destructive side effects related to fentanyl use. If you are involved in trafficking fentanyl in Eddy County, you will be a priority target for the Pecos Valley Drug Task Force.”

Leos said 1,125 fentanyl pills were seized Oct. 26 from a Carlsbad residence. Cruz Melendrez, 55, and Satin Middelton were arrested on multiple warrants ranging from possession of a controlled substance to tampering with evidence.

More:Drug use among Carlsbad's youth: Here's what the data shows

“Unfortunately, seizures like this are more and more common. It is alarming when we make these seizures because we also know we don’t seize a vast majority of what makes it into the community,” he said.

“Specifically related to Mr. Melendrez, he has had numerous contacts from agents over the years for drug trafficking investigations. Each time he is released on bond or probation to continue his illegal activities. He has given no indication that he wants to change.”

Briano said seizures increased as well in the DEA's El Paso region which encompasses all of New Mexico and portions of West Texas.

He said DEA seized 50 kilograms or 110 pounds of fentanyl in fiscal year 2019.

"In 2020 (DEA seized) 42 kilos. But in fiscal year 2021, we seized 292 (kilograms). It's more than the previous two years combined. That whole seizure total is for the State of New Mexico and for West Texas," Briano said.

Leos said Eddy County residents suspecting anyone of selling or using fentanyl should contact PVDTF at 575-887-5194. People may leave anonymous tips with Eddy County CrimeStoppers at 575-887-1888 or 844-786-7227. Tips can also be submitted by visiting eddycountycrimestoppers.com.

“If children are believed to be present call 911. Officers can respond immediately and do a welfare check,” Leos said.

Mike Smith can be reached at 575-628-5546 or by email at MSmith@currentargus.com or @ArgusMichae on Twitter.