Once all the evidence was presented and the jury began deliberating in the murder trial of a Bronx couple accused of… turned their kindergarten into a stash of fentanyl As a result of the death of one child and the hospitalization of three others, Otoniel Feliz Samboy could not help but notice the date.
It was Monday, November 17th—the birthday of his son, Nicholas Feliz Dominici.
“It would have been his fourth birthday,” Samboy, 34, told the Daily News on Saturday. “It was very hard for us because we were supposed to celebrate Nicholas, but Nicholas is not here because of this.”
With family permission
Nicholas Felis-Dominici
Four days later, on Friday, a jury found daycare owner Gray Mendez and her husband, Felix Herrera Garcia, guilty of second-degree murder and assault.
Nicholas was just 22 months old when he died from exposure to fentanyl in the hospital. Divine Kindergarten in Kingsbridge, 15 September 2023. Three other children, ranging in age from 8 months to 2 years, were hospitalized.
Police later learned the fentanyl exposure was due to 11 grams of fentanyl and heroin. found in trapdoors hidden under play mats where the child slept and ate. A one-kilogram brick of fentanyl and two presses were also found at the daycare.
Investigators also discovered that the couple packaged drugs using the same kitchen utensils they used to prepare baby food, officials said.
“No child should be exposed to this risk,” Samboy said. “No child should be around drugs, not even alcohol. No child should be around any kind of danger. And they knew what they were doing.”
“They continue to engage in drug dealing when there are children around,” he continued. “And then finally this happened. You can't justify your actions.”
When Mendez found little Nicholas and another child unconscious that day, she did not immediately seek help, prosecutors said. First she called her husband and another kindergarten workerwho tried to remove the drugs before first responders arrived.
The couple had been involved in drug dealing at the daycare center since 2022, officials said.
“They know these children were sick and they don’t tell anyone,” Samboy said bitterly. “If they had told the doctor what was going on from the beginning, Nicholas would be here. They decided who lived and who died. They don't care about life.”
Samboy and his wife went to court every day during the lengthy trial, which began in late September.
“This went on for over three months, happening every day,” he said. “It was painful and stressful because we would have to come face to face again, remembering what happened in those days.”
“They released every photo, every video,” he said. “It’s really hard for a parent to realize in real time what was going on in that place during those days.”
Bronx District Attorney Darcel Clark announced the guilty verdict late Friday. The pair are expected to be sentenced next month.
“Nothing we can do will bring Nicholas back,” Clark said. “His death has left a hole in the hearts of his mother, father and siblings and has saddened the entire Bronx community. I hope these convictions will bring a sense of justice to the family and help them find peace and unity.”
Gray Mendez and Felix Herrera Garcia already face decades in prison on federal drug trafficking charges, officials said.
Despite the heavy prison sentences they already face (Mendez was sentenced to 20 years, Garcia to 45 years), Samboy wants to make sure the judge presiding over the state's criminal case will impose a strong sentence against them.
“I know 45 is enough for people,” he said. “But as a family, we want to hear (a) large number of verdicts from the judge. They tried to say they were innocent. But in the end, justice spoke, and these wonderful jury members made their own conclusion, and finally they found these people guilty of these charges.”
“It doesn’t make me and my family happy,” he said, “but we feel a little peace after these results.”
