Officials on Tuesday announced federal charges against two suspects in the death of a 1-year-old at a Bronx day care, accusing them of running a drug operation out of the center.

Carlisto Acevedo Brito, 41, and Grei Mendez, 36, face one count of conspiracy to distribute narcotics resulting in death and one count of possession with intent to distribute narcotics resulting in death. Both counts carry a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison.


What You Need To Know

  • Officials on Tuesday announced federal charges against two suspects in the death of a 1-year-old at a Bronx day care, accusing them of running a drug operation out of the center

  • Carlisto Acevedo Brito, 41, and Grei Mendez, 36, face one count of conspiracy to distribute narcotics resulting in death and one count of possession with intent to distribute narcotics resulting in death

  • The attorney’s office says it is searching for Mendez’s husband, who is now believed to be involved with the operation

  • According to Mendez’s phone records, she made three calls before dialing 911 about the poisoned infants, officials said

Damian Williams, U.S. attorney with the Southern District of New York, said at a news conference Tuesday that the day care center was the base of the drug operation.

"We allege that the defendants poisoned four babies and killed one of them because they were running a drug operation from a day care center,” Williams said.

Williams was unable to say whether the day care, where the children were exposed to opioids, was set up to be a drug operation or if that happened after. He also said the attorney’s office is searching for Mendez’s husband, who is now believed to be involved with the operation.

According to Mendez’s phone records, she made three calls before dialing 911 about the poisoned infants, officials said. The first was to another day care employee, the next two were to her husband.

After speaking to 911, Mendez then placed several additional calls to her husband. Surveillance video shows the husband arriving prior to first responders, then exiting two minutes later out the back alley with two full shopping bags.

"We're going to run the ground and make sure the case doesn't stop here. Those drugs came from somewhere and we're going to make sure we get it all the way back to the source," Williams said.

According to the charges being brought by the Drug Enforcement Administration, Acevedo Brito and Mendez had been meeting to plan their operation since at least July.

On Monday, NYPD officials announced opioids were found near a napping area at the Divino Niño day care in the Bronx.

One kilogram of fentanyl was found underneath a mat where children had been sleeping, and three kilo presses — a tool often used by dealers selling large amounts of drugs — were found inside of a closet, police said. 

According to officials, Mendez was the acting caregiver of the day care, and Acevedo Brito lived in a room inside of the day care center that was locked. Both were taken into custody Saturday for questioning.

The federal charges follow 28 counts Acevedo Brito and Mendez face from the NYPD, including murder, manslaughter, assault and various drug charges.

Authorities say three children were fed at 1 p.m. Friday before being put to nap in a back room with “gym mats.” Less than an hour and a half later, the three children revealed symptoms of being exposed to the drug.

When first responders arrived at the day care center Friday afternoon, they administered Narcan to the three children who were “unresponsive and demonstrating symptoms of opioid exposure,” NYPD Chief of Detectives Joseph Kenny said at a press conference Saturday.

Two of the children — a 2-year-old boy and an 8-month-old girl — recovered, but Kenny said the 1-year-old boy was pronounced dead at Montefiore Hospital.

A different 2-year-old boy was taken home earlier in the day. At home, Kenny said the boy was “lethargic and unresponsive,” and the child was taken to a nearby hospital, where he was given Narcan and survived.

Three out of four children were poisoned by exposure to fentanyl, police and prosecutors allege in a criminal complaint.

“This substance is so dangerous just a small amount that little corner right there the size of a penny that little corner you see here is enough to kill an adult,” Mayor Eric Adams said at a Monday press conference while showing a photo of the amount of fentanyl that can kill an adult. 

Mendez’s attorney, Andres Aranda, told NY1 that Mendez is being held without bail and will next be in court on Thursday. She was not required to plea at a Sunday court appearance, Aranda said. 

Aranda said Mendez had no knowledge of any narcotics in the apartment or any idea how fentanyl made contact with the children.

Records from the New York State Office of Children and Family Services show the day care center was first licensed in May and is allowed to care for up to eight children between the ages of six weeks and 12 years. The center was inspected earlier this month and did not receive any violations.

“[Our] top priority is the health and safety of all children in child care programs and we are deeply saddened by this horrific tragedy. We cannot comment further on an active agency and law enforcement investigation,” the New York State Office of Children and Family Services said in a statement Sunday.