SANTA FE, N.M. (AP) — A toxicology report says a 17-month-old girl allegedly beaten to death by a 24-year-old man just outside Espanola in March had marijuana in her bloodstream, and it probably wasn’t from secondhand smoke.
The Albuquerque Journal reports (http://bit.ly/ni2j9r) that BreAndra Pena tested positive for “the principle psychoactive ingredient of marijuana/hashish,” and the report says the principle ingredient “is usually not detectable after passive inhalation.”
The report concludes that the manner of the child’s death was a homicide.
Nathan Montoya was arrested in March and charged with child abuse resulting in Pena’s death at his girlfriend’s home outside of Espanola. Montoya has been convicted of molesting a teenager in the past.
Santa Fe attorney Michael Jones, Montoya’s lawyer, said he hadn’t seen the report and couldn’t comment on its findings.