What to know as Brent Sullivan's mother faces trial for son's death from fentanyl overdose

Brent Sullivan was 12 years old when he died from an overdose of fentanyl in 2021.

It was a tragedy that rocked the Carlsbad community and led to charges filed against Sullivan's mother and grandmother who authorities believed supplied the drug to the boy.

His mother Alexis Murray, 37, was charged in the weeks following her son’s death with a count each of child abuse resulting in death, and child abuse not resulting in death.

More: Court documents reveal details of Brent Sullivan's death as his mom and grandmother remain in jail

Investigators alleged she illegally dealt fentanyl, making it available to her son before he was found dead in the backyard on his grandmother’s property.

Murray’s trial is scheduled for May 9 in Eddy County District Court in front of Judge Lisa Riley.

Here’s what to know about the case ahead of the upcoming trial.

More: Carlsbad grandmother charged with grandson's death back in jail after violating bond

Brent Sullivan’s death confirmed an overdose

Sullivan was found dead at about noon on Sept. 28, 2021, in a shed at his grandmother Kellie Smith’s home in the 2400 block of Western Way in Carlsbad.

He was initially reported as unresponsive and taken to Carlsbad Medical Center where he was later pronounced dead.

An autopsy report filed by the Office of the Medical Investigator (OMI) showed Sullivan had traces of fentanyl and methamphetamine, along with tetrahydrocannabinol (THC) – the active ingredient in cannabis, in his body.

More: Brent Sullivan's death has been ruled an accident. It's unclear if that will affect his family's trials.

The OMI report indicated the death resulted from an “accidental drug overdose,” records show.

Mother, grandmother charged with felonies following boy’s death

Murray and Smith were both charged with child abuse and child abuse resulting in death, first-degree and third-degree felonies, respectively.

Smith’s trial was scheduled for Nov. 6 before District Judge David Finger.

More: Democrats block GOP-backed crime bills targeting fentanyl, trafficking in New Mexico

Smith told police she last saw Sullivan alive at 5 a.m. the morning of his death and woke up at 10:30 a.m. that day, meaning there were several hours she could not account for the child’s whereabouts, police said.

Murray said she was supplied fentanyl from her mother, receiving about 300 pills days before her son’s fatal overdose.

Boy had a history of fentanyl abuse before death

In an interview with detectives, Murray told police she knew Sullivan was using fentanyl at her home in the 800 block of Alamosa and at Smith’s residence where he was found dead, the complaint read.

At the scene of Sullivan’s death, grandmother Smith, 57, admitted to police that she and her daughter were addicted to drugs and used fentanyl, according to a criminal complaint.

More: With fentanyl deaths rising, New Mexico lawmakers look for solutions to fight trafficking

She allegedly told police Murray was using fentanyl and that Sullivan was stealing the drug from his mother for personal use.

Sullivan had overdosed in the past, Murray said, and she had administered Narcan multiple times but never sought medical treatment.

A witness told police both Murray and Smith were selling fentanyl, that Sullivan got it from them, and that Ortiz had seen the boy overdose multiple times.

More: Carlsbad grandmother charged with grandson's fentanyl overdose in 2021 released from jail

Grandmother released pending trial, then rearrested for violating terms

Smith made bail and was released months after her arrest on May 9, 2022, records show.

She allegedly violated the terms of her release, with her ankle monitor unable to track Smith for at least 24 hours, records show.

Fifth Judicial District Judge AnneMarie Lewis said Smith also violated release conditions by contacting a man who was a witness in the case.

More: Seizures increase as DEA observes National Fentanyl Awareness Day May 10

She was rearrested May 13, 2022 and was being held in jail on no bail, no bond pending the trial.

Fentanyl deaths continue to plague New Mexico

In the years since Sullivan’s death, fentanyl use and distribution continued to rise in New Mexico, along with fatal overdoses.

A 2 milligram dose as small as a grain of salt can prove fatal, Rehm said, of the drug known to be 50 times more potent than heroin and 100 times stronger than morphine.

More: Illegal fentanyl use increasing in New Mexico and Eddy County

Two out of three drug overdoses in New Mexico in 2020 were tied to opioids including fentanyl, according to a June 2022 report from the New Mexico Department of Health.

Of those, 39 percent involved fentanyl, read the report.

Law enforcement in Carlsbad and Eddy County announced frequent arrests for possession of the drug in large quantities.

Most recently, the Pecos Valley Drug Task Force on Jan. 6 arrested Luther Hammett of Artesia on a warrant alleging he was in possession of more than 10,000 fentanyl pills.

Hammett, allegedly intoxicated at the time of his arrest, led police on a high-speed chase where police said he threw a firearm out of a moving vehicle and attempted to dump fentanyl pills. Police recovered about 340 pills from the roadway.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.

This article originally appeared on Carlsbad Current-Argus: Mother faces trial for Brent Sullivan's death from fentanyl overdose