UPDATE: Portland couple faces prison in nonfatal fentanyl overdose of 3-year-old son

Published 9:00 am Monday, May 12, 2025

De’Lone Dominque Kelley and Samantha Faye Smith were sentenced to prison on Friday, May 9, for their then-3-year-old son’s nonfatal fentanyl overdose.

The Portland couple turned themselves in around 9 p.m. on Monday, April 28, for the June 2023 incident. The two walked into the Multnomah County Justice Center lobby and turned themselves in, according to a police statement.

Smith is sentenced to 56 months, just more than four and a half years, for first-degree criminal mistreatment, first-degree failure to appear and third-degree assault. Kelley is sentenced to 75 months, just more than five and a half years, for first-degree failure to appear, first-degree criminal mistreatment and third-degree assault.

“This case matters because there is a fentanyl epidemic in our community. We often think about fentanyl in the context of open air markets, people using on the streets and how it impacts individuals experiencing homelessness. But the reality is that there are children across this county who are living with fentanyl in their homes. And they are ingesting fentanyl at small levels and toxic levels. Kids need to be safe at home just like they need to be safe in the community. And so, we will hold people accountable even when that’s parents,” Multnomah County Deputy District Attorney Afton Coppedge, said in a statement.

Both Kelley and Smith pleaded guilty to first-degree criminal mistreatment and no contest to third-degree assault in March. They did not appear for sentencing on April 4, which officials said they were warned that if they did not show up, it would significantly impact their sentencing.

The incident caused the now 5-year-old boy a severe brain injury, according to the Portland Police Bureau. He is under the guardianship of an Oregon Department of Human Services caretaker and requires 24-hour medical care.