A Fremont mom might spend slightly below 5 extra months in jail after pleading responsible within the dying of her toddler son, who overdosed on fentanyl final 12 months whereas the girl lay handed out from the highly effective narcotic.
Sophia Gastelum-Vera, 27, wept Monday as she apologized for her function within the deadly overdose of 23-month-old Kristofer Ferreyra, whose dying in October 2023 added to a rising checklist of younger casualties associated to the artificial opioid. She additionally vowed to proceed rehab and therapy for an dependancy that overtook her life, and left her separated from Kristofer’s three surviving siblings.
“I’m in no way going to attempt to justify my actions,” mentioned Gastelum-Vera, 27, whereas studying from a ready assertion throughout a listening to Monday morning. “I miss my child a lot, and I wish to be the mom I as soon as was.”
Gastelum-Vera might have been sentenced to 4 years in jail after pleading responsible in August to involuntary manslaughter. Her plea got here as a part of a take care of prosecutors that included the dismissal of a number of lesser expenses, together with a felony child-abuse cost and a number of drug-related misdemeanors.
Alameda County Superior Court docket Choose Clifford Blakely appeared to melt his stance towards Gastelum-Vera on Monday morning, nonetheless, after listening to her counselors and therapy suppliers reward the girl for her dedication to rehab. They recalled how the mom attends at the least a dozen group remedy classes per week, whereas constantly testing damaging for medication.
In addition they praised Gastelum-Vera for being so engaged along with her three different youngsters throughout their weekly visits.
“I got here in right here totally ready to ship you to jail at this time,” Blakeley mentioned in the course of the listening to.
He recounted a number of “vital” elements that advised Gastelum-Vera deserved a harsher sentence, together with how she smoked a drug she knew was harmful in the identical room as her toddler and one other baby. Worst of all, Blakeley mentioned, was how the boy had a lot life left to dwell.
But Blakely additionally lauded Gastelum-Vera for throwing herself so fervently into preventing her dependancy after being ordered by one other choose to a three-month residential therapy program late final 12 months.
On Monday, a number of of Gastelum-Vera’s household and mates sat within the courtroom in a present of assist for the girl. They joined the rehab counselors who’ve been overseeing her therapy for the final a number of months.
“She wished it — she wished a change in her life,” mentioned Darlene Mitchell, a program coordinator for Orchid Ladies’s Perinatal Therapy, the residential therapy program the place Gastelum-Vera first acquired court-ordered assist.
Blakely sentenced Gastelum-Vera on Monday to a 12 months in jail, with the chance to see that sentence halved with good conduct. She additionally obtained credit score for having already served 43 days in jail after her arrest final 12 months. As soon as out, she should serve two years of probation.
Blakely additionally denied a request by Gastelum-Vera’s lawyer to permit the girl to serve her sentence on home arrest.
“To say it is a tragic state of affairs is an understatement … that is as tragic because it comes,” Blakeley mentioned. “I do know that your regret is real.”
The listening to got here almost a 12 months to the day after Gastelum-Vera discovered Kristofer unresponsive at about 6:30 a.m. on Oct. 18, 2023. Her boyfriend, who additionally slept within the room with them that evening, took the boy and his mom to the hospital. Kristofer was pronounced lifeless an hour later.
Gastelum-Vera initially advised police that she didn’t maintain any medication in the home. However when officers searched the Fremont house shortly after the boy’s dying, they discovered empty baggies that had been coated in fentanyl, in addition to messages on the mom’s telephone detailing how she bought the narcotic the evening earlier than he died, courtroom information present.
The case added to fears that the highly effective opioid, 50 occasions stronger than heroin, was being more and more bought and utilized in household properties the place infants can have quick access to it. Already, toddlers and infants in Brentwood, Livermore, Oakland and San Jose have both died from publicity to the drug or had been significantly poisoned by it.
It additionally added to issues about Alameda County’s security web for kids. A evaluation by this information group of Kristofer’s baby welfare information discovered inconsistent document maintaining and troubling inconsistencies in how county officers responded to the toddler’s dying.
Shortly after the incident, one social employee beneficial maintaining the boy’s three younger siblings within the care of his mom regardless of police having simply discovered drug paraphernalia littered all through the boy’s bed room, in accordance with information obtained by this newspaper. The boy’s dying wasn’t famous in a social employee’s preliminary evaluation of the house.
Jakob Rodgers is a senior breaking information reporter. Name, textual content or ship him an encrypted message through Sign at 510-390-2351, or e mail him at jrodgers@bayareanewsgroup.com.
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