Police say they found an open container of fentanyl at Leo Witham’s home in Hampton in October. The 31-year-old Witham originally was charged with endangering the welfare of a child, drug possession and falsifying evidence.
The child died on Oct. 5. Police say Witham had brought him to the Hampton Fire Department after noticing he was unresponsive.
Police said in October they were awaiting toxicology results to confirm whether the toddler died from ingesting the fentanyl. Prosecutors couldn’t confirm whether toxicology results showed fentanyl caused the child to die.
Witham is currently being held on $50,000 cash bail at Rockingham County House of Corrections in Brentwood. It wasn’t immediately known if he had a lawyer.