Early April hearing set in child fentanyl-poisoning case

Nashua man gets $100K cash bail

Nashua Police photo Charles Daye, age 25, of 52 Bowers Street, Nashua

NASHUA – The judge in the case of Charles Daye, the 25-year-old Nashua man facing charges in connection with the near-death of a 1-year-old child from drug poisoning last fall, plans to convene a hearing in early April to go over a timeline as the case proceeds in Hillsborough County Superior Court South.

Daye, most recently of 52 Bowers St., has been held in Valley Street jail on $100,000 cash only bail since his arrest in late November, which followed a three-month police investigation.

The February term of the grand jury indicted Daye on five charges, three of which stem from the circumstances of the child’s poisoning on Sept. 1, and two connected to Daye’s Oct. 6 arrest on other drug-related charges.

The first set of charges – one count each of second-degree assault and reckless conduct, Class B felonies, and endangering the welfare of the child, Class A misdemeanor – accuse Daye of “allowing (the child) to suffer respiratory arrest” and allowing him to “ingest fentanyl,” and “violating his duty of care” to the child, according to the indictments.

The other two charges stem from allegations Daye was in possession of cocaine on Oct. 6, and that he swallowed bags of cocaine as an officer stopped to question him in downtown Nashua.

About an hour after he was jailed, Daye began suffering medical problems in his cell, which he allegedly attributed to his belief that one of the bags of cocaine he allegedly swallowed had

ruptured.

Police said he was taken to a local hospital for treatment, then returned to the station for booking.

In court documents, Judge Charles Temple noted that a status hearing would be scheduled for early April “to address any outstanding discovery issues and establish deadlines for motions” that the sides will likely file as the case proceeds.

The mother of the 1-year-old child, who was in a relationship with Daye at the time of the Sept. 1 incident, told police she came home to her Elm Street apartment and had to bang on the door several times before Daye, who was babysitting the child, came to the door.

Daye said he was sleeping, which triggered an argument between the two, police said in reports. When the woman went upstairs to check on the child, an older child who was present told her the 1-year-old “just made a funny noise,” the reports state.

When the mother picked up the child, she “discovered he was unconscious, not breathing, and his skin was blue,” according to police. When her attempts to revive him failed, Daye “grabbed him and ran him to the hospital,” the reports state.

Police said Daye then left the hospital, and was later found at the Elm Street residence by police who arrived to begin their investigation.

In speaking with Daye, police said that officers noted that he exhibited the symptoms of being high on illicit drugs. Daye admitted that he had smoked marijuana and taken a percocet a few hours prior, but he denied using anything else, police added.

A police inspection of the apartment found it unsuitable for a child, according to the reports. Trash and debris were strewn across the floor and there was “no food within the residence whatsoever,” police said.

The search yielded the seizure of a small bag of white powder, a small cutting of carpet covered with white powder and a cutting of bedding with white powder, police said. Lab analysis identified the powder as fentanyl, according to police. Medical tests performed on the child at the hospital found cocaine in urine and fentanyl in his bloodstream, police said, adding that doctors confirmed that his symptoms were consistent with an opioid overdose.

Due to the child’s condition, he was transferred to a Boston hospital, police said. They said detectives were in regular contact with medical personnel at both the Nashua and Boston hospitals during their investigation.

The child was released from the Boston hospital several days later, police said, and doctors expect him to make a full recovery.

Dean Shalhoup can be reached at 594-1256, dshalhoup@nashuatelegraph.com or @Telegraph_DeanS.