WAPPINGERS FALLS – A 41-year-old man was arrested and arraigned on Tuesday on the charge of criminally negligent homicide for the 2020 death of his 10-month-old daughter.
Wappingers Falls resident Thomas Martinez, an inmate at the Fishkill Correctional Facility, was brought to the Village of Wappingers Falls Court on Tuesday and arraigned on the felony charge.
Police and EMS personnel responded to a Creekview Court residence in the Village of Wappingers Falls on November 9, 2020, after 911 received a report of an unconscious 10-month-old baby. The child was rushed by EMS to Vassar Brothers Medical Center, where she was pronounced dead.
According to the New York State Police, an autopsy conducted by the Dutchess County Medical Examiner’s Office determined the cause of death to be acute fentanyl intoxication.
The previous DA, William Grady, declined to prosecute Martinez despite evidence of his negligence. “While the prior administration declined to move forward with this matter, my office, alongside the New York State Police, conducted a thorough review and determined that the evidence supports prosecution,” DA Anthony Parisi told . “Our duty is to the people of this county, and when a case merits action, we will pursue it.”
The BCI investigation, assisted by the district attorney’s office, determined that Martinez, who was responsible for the child’s care at the time of the incident, was using fentanyl near his daughter and failed to prevent her from being exposed to the deadly poison.
At the arraignment, bail was set at $200,000 cash, $500,000 bond, or $2 million partially-secured bond. The bail is symbolic because Martinez is currently serving a three-year prison sentence for grand larceny after being convicted earlier this year.
Martinez is due back in court on January 6, 2026.
Not the first time the former DA failed to pursue a fentanyl intoxication death of a child
In October of this year, , at a residence on Oakdale Avenue in the town.
The indictment came more than four years after the toddler died from acute fentanyl intoxication. DA Parisi said the delay in the arrest was due to inaction by his predecessor, DA Grady. Parisi said Grady “determined there was not enough evidence to warrant criminal charges against the man.” When Parisi took office, the case began moving forward. “I decided the case needed to be reexamined and that justice demanded more time and resources needed to be allocated to the investigation.” The DA’s office worked closely with police during the renewed investigation. “Our office and the Town of Poughkeepsie Police worked diligently and tirelessly to build and strengthen the investigation over the past 18 months, and the grand jury ultimately decided that the manslaughter charge was appropriate.”
Dasan is serving a seven-year prison sentence at the Marcy Correctional Facility after pleading guilty to criminal possession of a weapon and criminal possession of a controlled substance on another case.
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