Okmulgee County toddler dies from fentanyl poisoning, charges filed against his mother

Okmulgee County prosecutors charge a woman Tuesday with child neglect after her toddler died from fentanyl in June.

The Medical Examiner says Leonardo “Leo” Towe died of fentanyl toxicity and ruled the death accidental.

Rachel Burks, Towe’s grandmother, says there were a lot of people who failed Towe and she hopes sharing stories like this can keep it from happening to other people.

A GRANDMOTHER’S FIGHT

Burks says Towe was a sweet little boy and she misses him every day.

"He was a bright, happy, loving kid,” said Burks. “Didn't know a stranger. He would talk to anybody, anywhere he went."

Burks says Towe’s parents had a history with DHS and she wishes more people who knew what was going on would’ve gotten Towe out of the situation.

"I have been so quiet through the last several years of me fighting this battle of trying to protect him and do the right thing,” said Burks. “I've had lawyers, I've been to the courts."

Burks says she will never stop fighting to make sure people are held accountable for Towe’s death.

"I'll never stop,” said Burks. “I love him more than anything. A grandma's love is completely different than a love for your children or anybody else."

She hopes if anyone sees a child around drugs or in a bad situation, they will report it to law enforcement and do whatever they can to get help.

"If someone sees something, they need to say something,” said Burks. “We can't keep staying quiet about things that you see and just thinking someone else is taking care of the problem."

Burks says their goal is now to “Live Loud For Leo.”

WHAT ARE THE CHARGES?

Jordan Burks, Towe’s mother and Rachel Burks’s daughter, is being charged with Felony Child Neglect by Okmulgee County prosecutors.

WHAT HAPPENED?

The Probable Cause Affidavit says on June 20, 2024 at around 6 a.m., Okmulgee County Deputies were called to the home for a three-year-old unresponsive child.

Investigators say Jordan Burks came out the back door and shouted “bring Narcan” to the first responders.

Investigators say Jordan Burks said she randomly finds stuff related to drugs in the home and had been using opioids for almost two years.

Towe’s cause of death was ruled to be Fentanyl toxicity and it was ruled to be an accident.

OKMULGEE COUNTY DISTRICT ATTORNEY STATEMENT

Carol Iski, the District Attorney for Okmulgee County, says it’s a heartbreaking case.

She says the delay in filing charges came because it took DHS a while to finalize the report.

DHS STATEMENT

The Oklahoma Department of Human Services sent News On 6 this statement about the case:

“Oklahoma Human Services is committed to protecting the safety and wellbeing of Oklahoma's children and the agency shares in the community's grief when a child is lost to a preventable death. Investigations into child deaths involve collaboration with multiple agencies and community partners, and their duration can be influenced by factors beyond our control. While we cannot comment further on this case due to ongoing investigations, our focus remains on supporting efforts to protect Oklahoma’s children.”

SIMILAR CASES

In March of 2024, Tulsa County prosecutors charged Eric Jones and Njerin Samuel in connection to a two-year-old's death.

Investigators say the child died of a fentanyl overdose after getting into drugs left in a drawer by her mother’s bed.

In April 2024, Tulsa Police arrested Joshonna Bullock on murder and child neglect charges after they said her 11-month-old died from fentanyl exposure.

Police told News On 6 the fentanyl problem has exploded in the past few years.

"In the last few years, it's gone from no fentanyl exposure at all to an epidemic,” Lieutenant Stephen Lamb with the Tulsa Police Child Crisis Unit said. "I would say right now that it's by far the biggest danger to small children here in town. If there's any kind of illicit drugs in the house, it's more dangerous than guns or anything else right now,” 

In September, Tulsa Police arrested a man accused of trafficking fentanyl pills. They said Isaiah Knight had over 100 of the pills in his home.

The following week, a woman was charged with child neglect by Tulsa County prosecutors after her baby tested positive for fentanyl, among other drugs.

Documents said Sydney Wayland's newborn had withdrawal symptoms so excruciating that it had to be given morphine for days to help with the pain.