Acting Erie County District Attorney Michael J. Keane announces that 34-year-old Joseph A. Smith of Sloan was arraigned this morning before Erie County Court Judge Kenneth Case on an indictment charging him 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 and Rachael Alicea, the mother the child, are accused of recklessly causing the death of their child by exposing the toddler to fentanyl inside of their home.
Earlier this week, 32-year-old Rachael Alicea of Sloan was arraigned on the indictment. Alicea is also charged with one count of Manslaughter in the Second Degree (Class “C” felony) for her alleged involvement in the death of the victim.
Smith was held on bail set at $200,000 cash or bond. Alicea was released on a $100,000 bond. Both defendants are scheduled to return before Judge Case on Monday, May 13, 2024 at 9:30 a.m. for a pre-trial conference.
If convicted of the charge, Smith and Alicea face a maximum sentence of 15 years in prison.
Acting DA Keane commends Detective Eric Derby, Lieutenant Albrecht and members of 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.
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