ROCHESTER, N.Y. — A father is due in court on Monday after investigators said his 1-year-old daughter died from eating narcotics. The infant died at Chatham Gardens Apartments on Joseph Avenue back on Jan. 30.

Dillon Brito, 32, is charged with manslaughter and tampering with physical evidence. He is accused of failing to keep drugs away from his daughter Dianelis Brito.

Britto is a four-time felon convicted of drug possession and robbery in Genesee County where he’s from. He also had several outstanding warrants at the time of his arrest.

Court paperwork says two maintenance workers tried to save 1-year-old Dianelis who was found lifeless inside the apartment. The paperwork says she ingested her father’s drugs and was found with a wrapper in her mouth. Investigators say fentanyl and cocaine were in the baby’s system.

Rochester Police say that blue paper contained Brito’s narcotics, which he “used on a daily basis.” They say he used fentanyl in the morning and fell asleep with his daughter on the couch.

“This is not a freak accident, this is a decision,” Monroe County District Attorney Kevin Sunderland said. “These were decisions made by the defendant over and over again that resulted then in creating this unjustifiable risk that never needed to happen and resulted in a child’s death.”

Monday’s hearings are motion arguments. Because of his prior convictions, prosecutors say Dillon Brito could be sentenced to 15 years to life in prison. He has been held without bail.