Lieutenant Thomas Parker‘s eyes filled with tears when he pictured where Damien Coats might be today.
“He would be 5 years old this year. That means kindergarten,” Parker said. “I’m sure he would love to be at the playground playing.”
Damien was 3 years old when he died in January 2023 in an Arizona hospital due to “complications of fentanyl intoxication,” according to the medical examiner. A police report indicates the child ingested an illicit version of the powerful opioid, and Parker says he believes the boy’s death was a crime.
Parker oversees the Apache Junction Police Department detectives who conducted the criminal investigation of Damien’s death. Police closed that investigation more than a year after the child died without arresting anyone.
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A state child safety investigation of Damien’s death determined the boy’s mother and grandmother were neglectful in their care for the child. According to the state report, his mother “allowed the child to reside in a home with active fentanyl users,” and his maternal grandmother “failed to seek immediate medical attention” for him.
Prosecutors in Maricopa County declined to bring criminal charges in the case. A spokesperson for Rachel Mitchell, the county attorney, said her office declined the case due to “no reasonable likelihood of conviction” — a decision Parker called “heartbreaking for all those involved.”
“Even the prosecutors, they don’t want to turn down cases. But there are laws and procedures in the system to make sure we are having the proper methods of justice,” he said.
In Apache Junction and across the country, prosecutors and police say it can be challenging to prove in court how a child ingested the drug and who was responsible.
‘Where is her justice?’ Scripps News finds dozens of cases nationwide still unsolved
A two-year Scripps News investigation examining nearly 450 fatal and near-fatal fentanyl poisonings in young children across the country identified at least 43 deaths in more than a dozen states in which no one has been prosecuted more than a year after the child died.
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These numbers are likely not comprehensive, as Scripps News has worked to compile a data set of incidents using a variety of sources, including news articles, law enforcement press releases, court records, government child fatality reports, and medical examiner data. The availability of public information like child fatality reviews and medical examiner information varies by state.
The uncharged cases analyzed by Scripps News date back as far as 2019, and there were a variety of reasons why the cases have not yet resulted in prosecutions:
- Some, like the case of Damien Coats, were declined by prosecutors who felt they may not have been able to prove the case in court.
- Others are still under review by district attorneys.
- After some fatalities, law enforcement agencies said they closed or inactivated their investigations after reaching the conclusion they could not prove who was at fault without additional evidence coming to light, or because someone who may have been at fault is now deceased.
- In some cases, police told Scripps News they are still actively investigating years later.
Prosecutors in Jacksonville, Florida, said the investigation of 1-year-old Mac Johnston’s 2019 death is ongoing, more than six years later. The child’s father, Lee Bradley Johnston, recently pleaded guilty in connection with another person’s fatal 2023 overdose.
In Aurora, Colorado, police are asking anyone with information, “no matter how insignificant it may seem,” to come forward with details about the 2021 death of 1-year-old Bryce Wilhite Jr.
The long waits for criminal charges have provoked strong community reactions. In Palm Beach County, Florida, someone sent an anonymous email to investigators asking why a toddler’s death in 2020 had not been solved.
“Why isn’t justice being served for her? Where is her justice?” the person wrote. The sheriff’s office later made the case inactive without seeking charges, concluding “probable cause does not exist, at this time, to support criminal charges.”
In Lorain, Ohio, the mother of 2-year-old Marcellino Flores told the Scripps News Group TV station in Cleveland last year she was offering a cash reward for information leading to justice in her son’s 2023 death. The Lorain Police Department told Scripps News the criminal investigation is ongoing and police are hoping someone will come forward to help them solve the case.
‘Insufficient evidence to prove these cases beyond a reasonable doubt’
Prosecutors in Wayne County, Michigan, declined to prosecute a pair of cases that have made headlines in Detroit: the 2022 death of J’ream Smith and the 2023 death of Prenteis KeLeo Goode.
A prosecutor’s office spokesperson said there was insufficient evidence to prove these cases beyond a reasonable doubt, and in general, these types of incidents can present investigative challenges.
“When there are multiple people residing in the home it is often not possible to determine who gave or exposed the child to the drugs,” spokesperson Maria Miller said. “There can be roommates, parents, or friends [who] had close contact with the child prior to his or her death [who] all may have had ongoing or recent drug issues.”
Other cases around the country hit snags because a potential suspect subsequently died of an overdose. In some cases, investigations seemed to be delayed because the child’s death did not initially seem to be suspicious, and toxicology tests from autopsies can take weeks or months to complete.
‘These cases are tough’
Eight of the unsolved child deaths reviewed by Scripps News happened in Maricopa County, Arizona – one of the most populated counties in the country.
In four of those cases, including the death of Damien Coats, prosecutors declined to file charges citing “no reasonable likelihood of conviction.”
Prosecutors also declined charges in a near-fatal overdose that had been presented twice by Phoenix Police.
The county attorney’s office said an additional two cases involving deaths in 2022 are under review, meaning a charging decision has not yet been made.
The county attorney’s office declined to be interviewed by Scripps News to discuss the challenges in prosecuting these types of cases. However, a spokesperson wrote in emails that there are multiple factors involved when considering whether to take allegations to court.
“These cases are tough, and often need layer upon layer of evidence to have a reasonable likelihood of conviction. Those layers can take time, a lot of time,” said Karla Navarrete-Contreras, a spokesperson for the Maricopa County Attorney’s Office. “Fentanyl has been and continues to be a priority for County Attorney Mitchell since taking office in 2022.”
The office has successfully prosecuted several cases in recent years involving children who died from exposure to fentanyl. A Scottsdale mother, Gabrielle Marshall, is serving an 11 ½ year sentence for her child’s 2022 death, and a Phoenix mother, Natalie Tate, was sentenced to serve 12 ½ years in prison for leaving pills where her 18-month-old could reach them.
Some of the unsolved cases reviewed by Scripps News have not been presented to prosecutors for consideration of charges.
The Maricopa County Sheriff’s Office, for example, said its investigators had not yet completed their report related to the death of a 23-month-old girl named Emoni Bridges in September of 2020. (Some public records spell the child’s first name as Emani.)
Phoenix Police said one of the cases it investigated was closed due to the manner of death being undetermined by county medical examiners. “If additional information or evidence becomes available, the case can be re-opened for charging considerations,” police said.
Phoenix Police said in a statement:
“The Phoenix Police Department takes every case involving the death of a child extremely seriously, especially those related to fentanyl exposure. Our detectives conduct thorough and detailed investigations working closely with crime scene specialists, the medical examiner's office and prosecutors to make sure all available evidence is collected.
The decision to prosecute rests with the Maricopa County Attorney's Office, which evaluates each case. We understand and respect the role of the MCAO. The Phoenix Police Department remains committed to investigating these tragic cases to the fullest extent and ensuring justice is pursued whenever possible.”
In Apache Junction, police said they are hopeful someone will come forward with details about the death of Damien Coats that will allow them to reopen their case.
“Please call our police department and share that information. Let’s give Damien the justice that he deserves,” Parker said.
