Justin Bulley should have been safe at 17 months old when he fell asleep on the sofa next to his grandfather in his Lancaster apartment last year.
But the baby boy never wakes up from a Sunday afternoon nap. His grandfather, Jesse Milton Dartthard, 74, admitted to smoking from a glass tube next to the boy and falling asleep.
Medical staff found that the child was not responding, and the medical examiner later ruled that he was overdose.
The coroner’s report believes Justin’s death was accidental, but Los Angeles County prosecutors are filing murder against Dassard and the boy’s mother, believing they were responsible.

Justin Bulley was 17 months old last year due to fentanyl exposure.
(Montise Bulley)
Although prosecutors have previously regarded excessive death as a homicide, few cases involving infants have been involved. Jonathan Hatami, assistant director of the complex child abuse unit of the Los Angeles County District Attorney’s Office, said Los Angeles County authorities have only once filed murder for parents or guardians whose drug use has fatal consequences for children.
At least 11 children under the age of 5 suffered fentanyl-related deaths in California in 2023, according to the state Department of Health. Prosecutors in some other counties have begun filing charges similar to those filed in the Dassad case.
Authorities say they believe this strategy could provide a way for parents responsible for recklessness in future tragedies.
“Fentanyl is a bit like a loaded gun. If you put a loaded gun in the house, it doesn’t lock properly, you have a child, the child will grab that gun and shoot himself, and the parents should be responsible,” Hatami said. “This ignores the safety of others.”
The case highlights a new legal approach advocated by Hatami and Dist. Atti. Nathan Hochman, but it also reiterates the Los Angeles County Department of Children and Family Services handling Past allegations of abuse and neglect against children before death.
Last year’s Times investigation It was discovered that DCFS has opened a case against the boy’s mother, Jessica Darthard, four times since 2012. Her boyfriend lost custody of Justin after her then-boy died of fentanyl overdose when her children were at home in 2023.
Reports from police and social workers show that Jessica Dartthard was also in a drunk driving accident on Highway 405 six months before Justin’s death. According to the documents, the boy was untied in the back seat at the time, and his mother’s blood alcohol content was three times the legal limit. Hatami confirmed details of the crash earlier this week.
As a result, Jessica was limited to surveillance access, but under DCFS policy, she was allowed to choose family friends as monitors rather than independent observers designated by the court.
In the same case, the monitor is now charged with several counts of child abuse. Justin was still in the house at the time, including three of the secrets – all urine tested positive for fentanyl, which indicated they had used fentanyl inhaled.
Hatami said she left the house secretly and she left the house alone when she was supposed to monitor them.
“I think having friends do something like this may not be a good idea,” he said. “Friends will lie for you… When you do that, you are endangering the kids.”
A DCFS spokesperson declined to comment and recommended a Times reporter to the agency’s access monitor policy. Under this policy, family and friends should conduct background checks before being approved as monitors, but it is not clear what factors will disqualify someone. A DCFS spokesman would not say, if anything, was reviewed in Daniel’s case.
Attorneys for Jessica Dartthard and Daniel did not respond to requests for comment.
Jesse Dartthard’s attorney Jonathan Evans said the court will rule on the liability for the case.
“Justin’s death was tragic. No one knew how he ingested fentanyl. Whether the level of murder in the murder case would be determined at the right time,” Evans said. “My heart pays tribute to Justin’s father and everyone who loves him.”
According to a preliminary hearing at the Antelope Canyon Court this week, Jesse Dartthard admitted that when he fell asleep next to his grandson, he admitted fentanyl had his pocket in his pocket and said the boy “must have got it.”
The preliminary hearing is expected to end in mid-April. If the judge asks the defendant to answer the murder, they will continue to trial.

Justin Bulley’s father, Montise Bulley, laid flowers in the grave of Inglewood’s son.
(Zoe Cranfill/Los Angeles Times)
Justin’s father, Montise Bulley, wore a shirt in court on Wednesday, and his baby approached. The father and son can be seen flashing with high beams of smiles in the picture, but in court, the 52-year-old struggled to control his emotions as witnesses testified about his son’s death.
Bray said he was angry with the DCFS and the court system because his ex-girlfriend and her father (court records show a history of drug abuse and have “pop” from local sheriff’s department investigators anywhere near his son.
Bray said he has participated in parenting and anger management classes in an attempt to get Justin full custody.
But standing in the court parking lot this week, all he could do was shake his head, punch a car window, and think about what he had taken from him.
“He’s angry, man. He’s pretty,” Bray said of his son. “[He was] My turning point is why I want to change my life. ”
Time worker Rebecca Ellis and Melissa Gomez contributed to the report.