Hearing set for October for father charged in son's fentanyl death

A Kern County Superior Court hearing for the man charged in the death of his son from a fentanyl overdose was set Thursday for October.

Raul Rivera, 24, is charged with first-degree murder of his son Ezekiel, who overdosed on fentanyl and willful cruelty to his other son, whose name has not been released. Rivera pleaded not guilty to both charges.

Rivera appeared in court Thursday and he is being represented by Roger Ponce, who was appointed through the Indigent Defense Program. Ponce did not appear in court Thursday and no other IDP lawyer stood in for him.

However, Judge Micheal Bush said the court was informed that Ponce requested to delay the hearing until October. Rivera agreed — by himself — to waive his constitutional right to a speedy preliminary hearing to the dates selected by Ponce.

According to the Kern County coroner's office, 2-year-old Ezekiel Rivera died from a fentanyl overdose on June 5, 2023 at his father's home on Sentido Drive. According to the Kern County Sheriff's Office report submitted to the courts, Rivera did not call 911 and fled before emergency medical aid arrived.

The mother of the child, Solora Luna, previously filed a claim against the KCSO for her child's death. The claim said days before Ezekiel died, she had informed KCSO deputies that Rivera allegedly kept drugs in his home and deputies failed to remove her children from the home.

Raul Rivera remains in KCSO custody on a $1 million bail amount. His next court hearing is on Oct. 14.