5-year-old fentanyl death, man charged 'hiding in crawl space:' complaint
Robert Drayton
MILWAUKEE - Charges were filed against a Milwaukee man Sunday, May 21 who prosecutors say was among a group "cooking" drugs in a home near Teutonia and Green Tree where a 5-year-old died as a result of fentanyl poisoning.
Robert Drayton, 22, faces one count of second-degree reckless homicide and one count of possession of fentanyl.
The child died May 11, 2022.
A criminal complaint says the child's mother's sister was babysitting on May 11, 2022. The mother said the child had "appeared exhausted" and took a nap, later finding the child "not breathing," and his lips were blue." The mother said she called 911. Prosecutors say first responders found marijuana in plain sight and asked about drugs in the home. The complaint says the mother told investigators, "I tried to get rid of it before you guys got here." The complaint notes the mother never mentioned that her boyfriend was among those present at her home on May 11.
A search revealed baggies in the garbage that "appeared to be corner cuts consistent with street sale of narcotics." Testing revealed the presence of fentanyl. An autopsy revealed a "lethal amount of fentanyl" in the child's system, the complaint says.
Milwaukee 5-year-old fentanyl death Teutonia and Green Tree
Prosecutors say when the mother was interviewed, she said she was told by CPS that "baggies" were found in her garbage but claimed to be confused by what was found because she "only uses a little bit of weed." She also allegedly denied that certain people were present in her home on May 11, 2022, contradicting the statements made by her sister/babysitter.
Eventually, the complaint says the mother admitted that her boyfriend, Oliver Smith, 26, who "sells drugs," was at her home. She said he and his two brothers were at her home on May 11, 2022 "packaging his drugs in the kitchen." She said he helped her with rent for the home, and she allowed "him and his cohorts to cut his narcotics" at her home.
She said after the 5-year-old died, she suspected it was due to being exposed to an illicit substance, so she had her other child checked out at the hospital, according to the complaint.
Oliver Smith was arrested on May 21, 2022, along with Desmond and Tommy Love. Prosecutors say they were taken into custody after a three-mile chase reaching more than 100 miles per hour.
According to the complaint, investigators found drugs and four guns in the vehicle, including heroin, fentanyl, oxycodone, meth and cocaine.
A witness identified Smith and Desmond Love as having been seen "cooking" drugs on May 11, 2022, at the home where the child died.
Prosecutors say the child's mother identified Desmond Love as "Rex" and Robert Drayton as "RJ." She said "Rex," "RJ" and Oliver Smith used her kitchen in the past to cut their drugs, believing they were selling cocaine. The complaint says she admitted they were doing so on May 11, 2022, with children present.
Milwaukee 5-year-old fentanyl death Teutonia and Green Tree
Drayton was arrested over a year after the child's death, on May 16, 2023, near Teutonia and Villard. Prosecutors say he was hiding in a crawl space. Investigators found a gun, ammunition and drugs, including fentanyl, in the home. Prosecutors say Dratyon told investigators both were his.
Drayton made his initial appearance in court Sunday, May 21. Cash bond was set at $200,000.
Oliver Smith, Desmond Love and Tommy Love were charged in May 2022, shortly after the child's death.
Oliver Smith was charged with second-degree reckless homicide, neglecting a child/consequence is death and felony bail jumping.
Desmond Love, 27, was charged with possession of heroin, possession of cocaine and possession of a firearm.
Tommy Love, 34, was charged in three separate cases filed in May 2022; one charging him with possession of a firearm. In a separate case, he's charged with vehicle operator flee/elude and second-degree recklessly endangering safety. In another case, he's charged with possession of heroin, possession of cocaine, possession of a firearm and vehicle operator flee/elude.