Father of child who died of fentanyl poisoning charged

BUFFALO, N.Y. (WIVB) — The father of a toddler who died in November 2023 due to acute fentanyl intoxication has been charged with one count of second-degree manslaughter, according to the district attorney’s office of Erie County.

Joseph A. Smith, 34, of Sloan, was arrested Friday morning in connection with the 2023 death in Cheektowaga.

Police went to a residence on November 19 and reportedly found a 15-month-old child who was not breathing. Authorities say the child, Theodore Alicea-Smith, was taken to Sisters Hospital and died later that day.

The Erie County Medical Examiner’s Office determined the cause of death to be acute fentanyl intoxication.

The toddler’s mother, Rachel Alicea, 32, of Sloan, was also charged with second-degree manslaughter Wednesday for her alleged involvement.

Alicea was released on $100,000 bail while Smith was held on $200,000 cash or surety bail. If convicted, they face a maximum sentence of 15 years in prison.