Acting Erie County District Attorney Michael J. Keane announces that 32-year-old Rachael L. Alicea of Sloan was arraigned this morning before State Supreme Court Justice Paul B. Wojtaszek on an indictment charging her with one count of Manslaughter in the Second Degree (Class “C” felony).
It is alleged that on Sunday, November 19, 2023, at approximately 1:50 p.m., police and paramedics responded to a residence on the 2200 block of William Street in the Town of Cheektowaga for a report of a child who was not breathing. The defendant’s 15-month-old son, Theodore Alicea Smith, was taken by ambulance to Sisters Hospital St. Joseph Campus where he died later the same day.
The Erie County Medical Examiner’s Office determined that the toddler died from acute fentanyl intoxication. The defendant is accused of recklessly causing the death of her child by exposing the toddler to fentanyl inside of the home.
Alicea was held on bail set at $100,000 cash or bond; or release under supervision. A return court date has not been scheduled at this time.
If convicted of the charge, Alicea faces a maximum sentence of 15 years in prison.
“This is a very sad case where a child tragically lost his young life, but it is a crime that could have been prevented. I will continue to warn the public about the dangers of fentanyl as this deadly substance can be found in any illicit drug. No child should be exposed to any drug. I encourage anyone struggling with substance abuse disorder, especially those who have children, to seek help immediately,” said Acting District Attorney Mike Keane.
“We are proud of all our officers and how they responded to this very serious investigation. Especially Cheektowaga Police Detective Derby and Lieutenant Albrecht who through a long and thorough investigation and combined effort with our partners at the Erie County Medical Examiner’s Office, Central Police Services, and the District Attorney’s Office have brought this case one step closer to finding justice,” said Cheektowaga Police Captain Jeffrey Schmidt.
Acting DA Keane commends the Cheektowaga Police Department for their work in this investigation.
The case is being prosecuted by Chief Ashley M. Morgan of the Felony Trials Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
As a member of the Erie County Opiate Epidemic Task Force, the District Attorney’s Office is committed to helping find solutions to reduce overdose deaths in our community, increasing public awareness about the dangers of opiates and fentanyl-laced drugs and promoting resources available to anyone struggling with substance use disorder. Help is available through the 24-Hour Addiction Hotline (716-831-7007). Counselors can provide immediate support, information and referrals for individuals struggling with substance use disorder and their families. For more information, visit the Erie County Department of Health website.
