Day Care Owner Sentenced to 45 Years for Fentanyl Death of 1-Year-Old

As Bronx personal injury lawyers, we have seen many tragic cases of negligence and recklessness, but few are as shocking as the case of Divino Niño day care. What should have been a safe space for infants turned out to be a front for a narcotics operation, with fatal consequences. This case underscores the severe risks posed by illicit drug activity in environments where children are supposed to be protected.

On Monday, Grei Mendez, the owner of Divino Niño, was sentenced to 45 years in federal prison for her role in a fentanyl trafficking operation that resulted in the death of a 22-month-old child, Nicholas Feliz Dominici, and the poisoning of three other toddlers. Mendez had pleaded guilty to possessing and conspiring to distribute narcotics resulting in serious injury and death. Prosecutors argued that she prioritized protecting herself and her co-conspirators over the lives of the children in her care, even attempting to delete incriminating evidence while being questioned by police.

A Day Care Turned Drug Stash House

Divino Niño operated out of a Bronx apartment, but prosecutors revealed that it was never a legitimate child care facility. Instead, it was a front for a large-scale drug operation. Authorities discovered over 11 kilograms of fentanyl and heroin hidden in compartments beneath the floor. Even more disturbing, fentanyl was found underneath a mat where the children napped. Investigators determined that kitchen utensils used to prepare meals for the children were also used to package narcotics, raising concerns that the children’s lunch may have been the source of exposure.

Mendez’s husband, Felix Herrera Garcia, who fled the scene while Nicholas lay dying, was sentenced to 45 years in prison last October. Surveillance footage captured him rushing into the building before escaping through an alley, carrying heavy bags believed to contain narcotics.

Gross Negligence and Destruction of Evidence

Rather than immediately calling for medical help, Mendez called Herrera Garcia first. She then deleted over 20,000 WhatsApp messages, some of which discussed drug transactions using coded language. These messages, later recovered by authorities, directly contradicted her claims of ignorance. Judge Jed S. Rakoff, who presided over the case, condemned Mendez’s actions, stating that she put her own fear of getting caught above the opportunity to save a child’s life.

Legal Ramifications and Civil Liability

This case is not just a criminal matter—it also raises significant civil liability issues. Families who entrust their children to daycare providers have a right to expect a safe and secure environment. When that trust is violated due to gross negligence or intentional misconduct, the victims’ families have the right to seek justice through civil litigation.

While the criminal justice system has held Mendez and her co-conspirators accountable, the families affected may also have grounds to pursue civil claims for wrongful death and personal injury. The failure of regulatory agencies to detect the criminal activity at Divino Niño before tragedy struck also raises questions about oversight and whether additional safeguards should be implemented to prevent similar cases in the future.

Holding Negligent Parties Accountable

The devastation caused by Mendez’s greed and recklessness serves as a sobering reminder of the dangers children face when those entrusted with their care act negligently or criminally. As Bronx personal injury lawyers, we advocate for the rights of victims and their families to seek justice against those responsible. When child care facilities fail to uphold their duty to provide a safe environment, legal action can help hold them accountable and prevent future tragedies.

If your child has been harmed due to negligence in a daycare or childcare facility, contact us at 212-943-1090 to discuss your legal options. The well-being of your family should never be compromised by those who prioritize profit over safety.