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Prosecutor: Chances missed to remove 4-month-old from home before his death
Officials missed opportunities to remove a 4-month-old boy born addicted to fentanyl from his home prior to the child鈥檚 June 5 death, a prosecutor said Friday at a detention hearing for the child鈥檚 mother.
Prosecutors allege that the Albuquerque couple contributed to the death of their infant child by using fentanyl, heroin and methamphetamine in their home where the child was found dead.
The boy鈥檚 mother, Gabriella Muniz, 27, was ordered Friday by 2nd Judicial District Judge Courtney Weaks to remain in custody while awaiting trial on a charge of abandonment or abuse of a child resulting in death.
Weaks last week ordered Muniz鈥檚 co-defendant, Victor Gonzales, 46, held in custody pending trial. Both are charged with abuse of a child resulting in death.
Muniz also picked up a new felony charge Thursday for allegedly possessing fentanyl in her jail cell at the Metropolitan Detention Center, according to a criminal complaint filed in Metro Court. Muniz was charged after another inmate was hospitalized for a drug overdose on June 6.
Assistant District Attorney Rebekah Reyes told the judge Friday that Muniz refused to submit to a drug test in February as required under a Children, Youth and Family Department safety plan. CYFD imposed the plan because the boy was born addicted to fentanyl on Jan. 28.
鈥淏oth defendants were ordered to complete drug testing by CYFD,鈥 Reyes said. Muniz went to the testing center Feb. 10 but claimed she was not allowed to provide a sample because she had arrived after 4 p.m., Reyes said.
鈥淪he was then instructed to go the following day and that is when we have the refusal to provide that sample,鈥 Reyes said. 鈥淚 don鈥檛 know why the refusal to provide a sample did not immediately yield CYFD filing to take this infant into custody, but it did not.鈥
The boy, identified in court records as C.M., remained in a hospital until Feb. 24, where he received a morphine drip to wean him off addiction to fentanyl, Reyes said.
鈥淥n the 24th of February, 2025, is when the last time CYFD had eyes on this infant,鈥 she said.
CYFD workers made numerous attempts to reach the couple from February through June by phone, text and in-person visits but were unable to make contact with the family, she said.
On June 3, two days before the child鈥檚 death, a CYFD worker requested a welfare check for the child 鈥渄ue to no contact with C.M. and the family,鈥 according to a criminal complaint.
Bernalillo County Sheriff鈥檚 Office deputies went to the couple鈥檚 home in the 100 block of Sarah NW that day, but were unable to take action because CYFD鈥檚 21-day safety plan had expired, Reyes told the judge. Deputies made contact that day with Muniz鈥檚 mother, who was in charge of ensuring the child鈥檚 well-being under the safety plan, she said.
鈥淏CSO did go to the residence and they were advised by the defendant鈥檚 mother that her understanding was the infant was on a 21-day safety plan, and that at the end of that safety plan, the infant could go back with the family,鈥 Reyes said.
鈥淭hat is, in fact, correct,鈥 she said. 鈥淭he infant was only on a 21-day safety plan. There was nothing in place as to what was going to happen after that 21 days expired, so there was nothing deputies could do at that point. CYFD had not filed for custody of this infant at that time.鈥
CYFD said in a written statement that the agency could not comment because the case remained under investigation. CYFD also said it was 鈥渃ooperating fully with investigating authorities.鈥
鈥淭he death of any child is a profound tragedy, and our hearts go out to all those affected by this loss,鈥 CYFD said in the statement. 鈥淪tate and federal confidentiality laws strictly govern what the Children, Youth, and Families Department can disclose regarding individual cases. As this matter remains under active investigation, CYFD cannot provide additional information at this time.鈥
Reyes said Muniz has previously lost custody of two children.
Muniz鈥檚 attorney, Deidre Ewing, said that no cause existed to hold Muniz in custody while awaiting trial. The Office of the Medical Investigator has not released a report indicating the cause of the boy鈥檚 death, Ewing said.
鈥淲e鈥檙e putting the cart before the horse,鈥 Ewing told the judge. 鈥淭here is not yet evidence to say that a crime has been committed.鈥 Ewing also said that Muniz has never been convicted of a felony and shows symptoms of postpartum depression, a mood disorder that can occur after childbirth.
鈥淲e cannot be in the business of criminalizing people suffering from psychological disorders, with respect to the records on the drug testing and the records from CYFD that have been discussed,鈥 she said.
Muniz has been charged with criminal offenses dating to 2019, including armed robbery and kidnapping, but all the charges have been dismissed, court records show.
On Thursday, Muniz was charged with possessing a synthetic narcotic after she allegedly provided a corrections officer a container that contained a 鈥渨hite powdery residue鈥 that Muniz identified as powdered fentanyl, according to a criminal complaint.
The new charges against Muniz arose from an incident that occurred in MDC on June 6, Reyes said. An inmate was found unresponsive, was given Narcan and transferred to University of New Mexico Hospital. The inmate recovered.
Muniz allegedly introduced powered fentanyl into the cell, Reyes said.
鈥淭he defendant did admit that she did have the fentanyl on her,鈥 Reyes said. 鈥淪he admitted that it was pure powder fentanyl, and it was confiscated from her.鈥