SEATTLE — There is a push to protect kids from fentanyl in King County. Right now, in cases where children are accidentally exposed to fentanyl and survive, prosecutors can not file a felony charge because fentanyl is not covered under the state’s endangerment with a controlled substance law.
“It is just as simple as adding in those extra words to include fentanyl, too,” said Casey McNerthney, the spokesperson for the King County Prosecuting Attorney’s Office. "I understand the hesitancy that lawmakers have to criminalize addiction, but this is something separate. This is addressing the behavior that hurts children."
Accidental exposures to fentanyl are leading to staggering increases in fatalities, according to a report from Families Against Fentanyl. The research found across the country, between 2015 and 2021, deaths among children aged 1 to 4 increased 15-fold.
King County prosecutors are seeing an increase too. In 2020, there were two cases where fentanyl was at the scene or directly contributing to the child’s death. No cases were referred again until 2023, when the prosecutor’s office received four reports. So far this year, there are three reports of children dying. The prosecutor's office says all of the nine drug-related cases involved young children ranging in age from 5 days to 32 months.
On Monday, a recent fatality that prosecutors say involved fentanyl went before a judge.
"You understand you are being charged with the crime of murder in the second degree that happened on or about May 23, 2024,” said the judge.
Ashlee Creighton replied, "Yes."
Prosecutors say Creighton gave birth to her daughter on May 18. Paramedics and police were called in five days later and found the baby's lifeless body. Investigators say evidence of narcotics use was found in the room.
"A toxicology report found that the cause of death of the baby was toxic effects of methamphetamine, fentanyl, and malnutrition,” the prosecutor said Monday. "The other information that we found was that Miss Creighton was aware that the baby was drug addicted when born."
“The defense has a completely different take on the facts and will be prepared to argue those,” said Creighton’s attorney.
Creighton entered a not guilty plea and is being held in the King County jail on $750,000 bail.
King County Prosecuting Attorney Leesa Manion and Seattle City Attorney Ann Davison sent a letter to lawmakers in January calling for fentanyl to be added to the endangerment with a controlled substance law.