San Jose Man Faces Double Murder Charges in Fentanyl Deaths of Two Infants
A San Jose man has been charged with the murders of two infant girls, Baby Phoenix and Baby Winter, who died just three months apart after being exposed to fentanyl in their homes. The alleged supplier of the deadly drug, 33-year-old Philip Michael Ortega, appeared in court Friday to face the new charges linking him to both deaths.
Philip Ortega was already facing charges in the August 2023 death of 19-month-old Winter, who died after ingesting fentanyl in a San Jose home where Ortega was living. Prosecutors have now charged him in the May 2023 death of three-month-old Phoenix, who died under nearly identical circumstances. According to investigators, Ortega supplied drugs to the parents in both cases.
Also appearing in court was 40-year-old David Anthony Castro, the father of Baby Phoenix. He is now charged with her murder. Prosecutors say Castro contacted Ortega the night before Phoenix died, requesting potent drugs. Ortega allegedly delivered the fentanyl that was later found on Phoenix’s pink onesie.
"The same man provided the fatal drugs that took the lives of two baby girls within a handful of months," said District Attorney Jeff Rosen, describing the deaths as both heartbreaking and a call to action.
Despite the serious charges, both Ortega and Castro pleaded not guilty on Friday. A Superior Court judge denied a request for a gag order that would have prevented prosecutors from speaking publicly about the case.
Court records detail harrowing similarities in both cases. The children's parents were all addicted to drugs and had a shared connection to Ortega, who allegedly dealt fentanyl to all of them. Investigators say Ortega lived with Phoenix’s family in early 2023, then later moved in with Winter’s family before her death.
Documents reveal Phoenix and Winter were both exposed to methamphetamine and fentanyl, according to autopsy reports. Both deaths were initially reported after significant delays. In Winter’s case, her parents waited more than 12 hours before calling 911. Castro, investigators say, attempted to obtain synthetic urine to hide his drug use before reporting his daughter’s death.
In one message cited by investigators, a woman who regularly bought drugs from Ortega called him a “baby killer”, warning him to stop using drugs around children. She told police that Ortega responded dismissively, allegedly saying, “I always do this. It’s fine, nothing’s going to happen to her.”
Court documents also describe the final moments of Phoenix’s life. On May 13, 2023, the day before Mother’s Day, Castro allegedly sent a message to Ortega asking, “You got that strong s**t?” Hours later, Phoenix was found dead in the home they shared at 5479 Spinnaker Walkway. Her mother, Emily DeLaCerda, had just returned from rehab and discovered her lifeless body, screaming, “My baby is dead.” DeLaCerda later died of a fentanyl overdose in the same apartment on September 16.
Ortega was present at 1550 Huddersfield Court on August 12 when Winter died. Her parents, Kelly Richardson and Derek Rayo, are also facing murder charges. Rayo’s attorneys claim he did not act with malice, arguing that although he may not have been a perfect father, he did not intentionally harm his daughter.
Investigators say Ortega’s account of Winter’s death has shifted multiple times, and messages retrieved from his phone and social media accounts further implicate him in supplying the drugs involved in both fatalities.
Castro’s legal team is pursuing a Mental Health Diversion, citing his addiction and mental health conditions as factors in the case. If successful, this could shift his case from criminal prosecution to treatment.
As of now, Ortega, Castro, and Winter’s parents remain in custody without bail. A preliminary hearing is scheduled for July 28 at the Hall of Justice courthouse in San Jose.