In Multnomah County, parents Samantha Faye Smith and Delone Dominque Kelley have been sentenced to significant prison terms for their role in their son's fentanyl-induced brain damage, according to the Multnomah County District Attorney's Office. On Friday, Judge Christopher Marshall rendered the sentences for the couple whose decision to bring the drug into their home led to their three-year-old, now five, suffering life-altering injuries.
Despite being allowed to remain out of custody to arrange their affairs, neither Smith nor Kelley appeared for their initial sentencing date, prompting the court to promise more severe repercussions; the incident did not deter sentencing leniency once they turned themselves in—the Multnomah County District Attorney’s Office requested reduced sentences for the couple in consideration of their eventual compliance, Smith received 56 months and Kelley 75 months in prison, down from a potential 60 and 80 months, respectively. Both parents were convicted on charges of Criminal Mistreatment in the First Degree and Assault in the Third Degree, in addition to Failure to Appear in the First Degree.
Eligibility for Oregon's Alternative Incarceration Programs (AIP) adds a measure to their sentences, as these programs involve intensive interventions designed to address the underlying causes of criminal behavior, including substance abuse. The AIP's origins trace back to legislation passed in 1993 and 2003, emphasizing intensive alcohol and drug treatment for qualifying incarcerated adults.
Multnomah County Deputy District Attorney Afton Coppedge, who prosecuted the case, emphasized the importance of this case as reflective of a broader issue stating, "This case matters because there is a fentanyl epidemic in our community. We often think about fentanyl in the context of open air markets, people using on the streets and how it impacts individuals experiencing homelessness. But the reality is that there are children across this county who are living with fentanyl in their homes. And they are ingesting fentanyl at small levels and toxic levels. Kids need to be safe at home just like they need to be safe in the community. And so, we will hold people accountable even when that’s parents," in a statement from the District Attorney's Office. Coppedge also reflected on the difficult balance of holding individuals accountable while recognizing their steps towards rectification.
The investigation led by the Narcotics and Organized Crime Unit of the Portland Police Bureau and the dedication of MCDA Victim Advocate Alie Aguilera's compassionate care were acknowledged by the DA's Office for their pivotal roles in bringing this case to a resolution. It began on June 25, 2023, when Smith and Kelley's child awoke, eager to watch cartoons, only to suffer consequences that would indefinitely alter the course of his young life due to his parents' grave oversight.
