NORRISTOWN — A Norristown woman and her boyfriend who face manslaughter charges after the woman’s 6-year-old son suffered a fatal overdose after ingesting fentanyl and xylazine told a judge they want separate trials.
Kristen Forrest Sabatino, 32, and Matthew Shane Santiago, 35, showed no emotion in a Montgomery County courtroom on Monday as their lawyers asked Judge Wendy G. Rothstein to sever their trials and allow separate juries to weigh evidence against them.
Currently, Sabatino and Santiago, who resided together in the 1000 block of Willow Street, face a joint trial on Oct. 11 on charges of involuntary manslaughter and endangering the welfare of a child in connection with the July 16, 2023, overdose death of 6-year-old Dominic Lyons.
But defense lawyer Francis Genovese, who represents Santiago, and defense lawyer Scott Frame, who represents Sabatino, argued their clients would “suffer unfair prejudice and irreparable harm” should the cases proceed to a joint trial.
Genovese argued that Santiago “would be unfairly prejudiced” by proceeding to trial with Sabatino, as she has given numerous statements to detectives “which clearly and unequivocally implicate” Santiago in causing the child’s death. Genovese argued that if Sabatino’s statements were admitted at trial, then it would violate Santiago’s constitutional right to confront and cross-examine his accusers.
Deputy District Attorney Brianna L. Ringwood opposed the defense requests for separate trials.
“Only in a joint trial of both defendants would a jury be in the best position to assess the relative culpability of each,” Ringwood argued, adding in court papers that two lengthy trials would be costly, time-consuming and require prosecutors to offer the same evidence twice against each defendant.
Ringwood and co-prosecutor Gwendolyn Kull maintained separate trials “would create a risk of confusion for the jury” because it would mean Sabatino would be tried without the person accused of conspiring to bring her illicit substances. Conversely, Santiago would be tried “without the person whose prior history led to his own knowledge and awareness of the risks of substance use around children,” Ringwood and Kull argued.
Judge Rothstein took the defense request to sever the trials under advisement and will issue a ruling at a later date.
Santiago remains in the county jail in lieu of $1 million cash bail and Sabatino remains in the county jail in lieu of $99,077 bail while awaiting trial.
If convicted of the charges at trial, Sabatino and Santiago each could face a decade in prison.
The investigation began about 12:30 p.m. July 16 when Norristown police were dispatched to the Willow Street address for a report of a child who was unconscious and not breathing, according to a criminal complaint filed by county Detective John Wittenberger and Norristown Detective Joshua Keenan.
Officers arrived at the home to find Sabatino performing chest compressions on her 6-year-old son on the floor of Dominic’s second-floor bedroom. Police described the child as being cold to the touch with fluids draining from his mouth and nose and stiffening extremities, according to the arrest affidavit.
Santiago, who is Sabatino’s boyfriend, also was present at the scene, and the couple shares a 2-year-old daughter, according to court papers.
Detectives who processed the scene did not find any illicit drugs or drug paraphernalia at the home.
Tests performed during an autopsy found fentanyl and xylazine, a veterinary sedative known on the street as “Tranq,” in high levels in the child’s bloodstream, court documents indicate. Authorities alleged the amount of drugs found in the boy’s bloodstream indicated that the boy had ingested the drugs as that amount in his blood could not have been caused by trace contact with the drugs.
Dr. Khalil Wardak of the county coroner’s office determined the cause of Dominic’s death was drug intoxication from fentanyl and xylazine and ruled the death a homicide.
Authorities said fentanyl is 50 to 100 times more powerful than morphine and it is often present in opioid overdose deaths.
“Xylazine is increasingly being found in the U.S. illegal drug supply and linked to overdose deaths. Xylazine is not approved for use in people and can be life-threatening and is especially dangerous when combined with opioids like fentanyl,” Wittenberger and Keenan wrote in the criminal complaint.
The investigation found that both Sabatino and Santiago had a history of drug use, according to court papers. Detectives alleged cellphone records and other investigative tools revealed that Sabatino and Santiago purchased and consumed illegal drugs in the days leading up to when the boy was found dead.
The defendants allegedly told detectives they put the child to bed at 7:30 p.m. July 15 when he said he did not feel well and found him dead in his bunk bed after noon the next day and immediately called 911.
With the charges, authorities alleged the couple placed Dominic at risk of serious bodily injury or death.
A person commits involuntary manslaughter when they cause the death of another person while engaging in an unlawful act in a reckless or grossly negligent manner. Involuntary manslaughter is a second-degree felony punishable by 5 to 10 years in prison upon conviction.
