Court records provide more details in 5-year-old Ferndale girl’s fentanyl death

Three feet away from flower and smiley face stickers, Nerf darts and jellybeans, investigators found white fentanyl powder on the garage floor of the home where a 5-year-old Ferndale girl died after consuming the deadly synthetic opioid in early March.

Three people, including both parents, have been charged in the girl’s death.

Prosecuting attorneys charged Melissa Ann Welch, 35, of Ferndale, Cody Curtis Craig, 32, of Bellingham and Michael Wayne Doane, 33, of Ferndale with one count each of first-degree murder Friday, April 7, in Whatcom County Superior Court for the March 8 death of 5-year-old Olivia R. Doane.

Each of the murder charges includes the aggravating factor that Welch, Craig and Doane knew or should have known that the child was particularly vulnerable, the court records show.

There are three ways to charge first-degree murder in Washington state. One way is “under circumstances manifesting an extreme indifference to human life,” in which a person engages in conduct that “creates a grave risk of death to any person,” and ultimately causes the person’s death. This is what prosecutors used to charge Welch, Craig and Doane.

Whatcom County Prosecuting Attorney Eric Richey said Friday, April 14, he expects additional charges to be filed.

Ferndale police and the Whatcom County Medical Examiner’s Office had been investigating the child’s death since early March. The Bellingham Herald has reached out to the medical examiner’s office regarding the cause and manner of the girl’s death.

A preliminary report from the medical examiner’s office stated there were no signs of medical conditions or disease that caused the girl’s death. Autopsy toxicology results from a blood sample taken from the girl showed “a very high level” of fentanyl was in the child’s system, which was found to be the cause of the child’s death, the court records state.

Welch and Doane are the child’s parents, and Craig is Welch’s boyfriend, according to court records.

While Welch, Craig and Doane were all charged April 7 and warrants were put out for their arrests the same day, all three were not arrested until Thursday, April 13, The Herald previously reported. Each of their cases, charging documents and arrest warrants were sealed in court April 7, in order to prevent a threat to public safety and cooperating individuals, and the “premature end” to an ongoing investigation, court records show.

Their cases and records were unsealed once arrests were made.

When asked Friday why there was a week-long delay between when charges were filed and arrests were made, city of Ferndale spokesperson Riley Sweeney said he had no comment at this time.

“This is heartbreaking,” Sweeney said in a telephone call. “This is the worst-case scenario for any conversation about fentanyl in our community. I hope it’s a wake-up call for people who may be in those situations to make better choices.”

First appearances

Bail was set at $1 million for both Welch and Doane at their first appearances in court Thursday afternoon.

As of Friday evening, both Welch and Doane remained incarcerated in the Whatcom County Jail.

Their arraignments have been set for Friday, April 21.

Craig’s first appearance was rescheduled for the second time to Monday, April 17, because an attorney had still not been found for Craig by 3 p.m. Friday.

If an attorney still cannot be found by Monday afternoon, there will be a special hearing scheduled for Tuesday.

Because Doane, Welch and Craig are all co-defendants and because the Whatcom County Public Defender’s Office is representing Doane, the cases for Welch and Craig have to be handled by attorneys outside the public defender’s office.

Because Craig has not had an attorney provided to him and his case is in limbo, he will remain in custody in the Whatcom County Jail until at least Monday afternoon.

Whatcom County public defense attorney Timothy Arnold, who appeared during Craig’s hearing Friday to provide information to the court, said he hoped the matter would be resolved Monday. He said a request for an outside attorney for Craig was sent Thursday.

“They have had some time to get somebody from not our office to help Mr. Craig. He’s currently being held against his will essentially unable to answer the court in any coded fashion,” Arnold said.

Craig’s next court hearing is scheduled for 3 p.m. Monday.

Child’s death

At 9:17 a.m. on March 8, Ferndale police responded to the 2300 block of Douglas Road for a death investigation of a 5-year-old female, according to court records.

Ferndale police were told Welch called 911 and reported that her daughter was dead.

When Ferndale police arrived at the Douglas Road home in early March, they found the 5-year-old girl lying in her bed in her bedroom. Fire department personnel arrived and confirmed the child was dead, the records state.

Due to foam in the child’s mouth, police suspected a possible drug overdose or poisoning, court records show.

Welch, Craig, and Doane were all at the Douglas Road home when police arrived and found the child. Doane’s girlfriend and Welch’s 8-year-old daughter were also present.

Welch and Doane had previously been in a relationship and still both reside at the Douglas Road home. The 5-year-old was their biological daughter, the court records state.

Welch and Doane told police their daughter was “happy and healthy” the evening of March 7 and went to bed around 8 p.m. that night. Security camera footage from March 7 confirmed the girl was “happy and healthy as described,” leading police to believe the child consumed fentanyl sometime during the night, the records show.

When investigators searched the residence, they found drug paraphernalia, including a butane lighter and foils, and suspected narcotics in multiple locations around the home in areas commonly occupied by Welch, Doane and Craig.

The paraphernalia and drugs found in the home tested positive for fentanyl, methamphetamine and methadone, according to court records. The foils, which are used in the consumption of fentanyl, as well as items that tested positive for fentanyl, were found in areas accessible to both the 5-year-old and 8-year-old, court records state.

Fentanyl powder was also found on the floor of the garage next to children’s toys and candy.

Ferndale police suspected drugs were being consumed inside the residence by Welch, Doane and Craig while the 5-year-old girl was there, which ultimately resulted in her death, the records state.

Days after the child’s death, Welch and Craig were seen selling narcotics. Investigators contacted one of the people Welch and Craig sold drugs to, and the person then conducted a controlled purchase of narcotics from Welch and Craig, court records show.

Craig is connected to an ongoing narcotics investigation, according to court records.

Ferndale police and Child Protective Services relocated the 8-year-old sibling, who is now with family members, The Herald previously reported.