CARLSBAD, N.M. (KRQE) – The grandmother accused of letting her grandson overdose on fentanyl is having her trial moved out of Eddy County.

Judge David Finger could not seat a jury on Monday when the trial against Kelly Smith was supposed to begin. A mistrial was declared.

Smith is charged with child abuse resulting in death after her 12-year-old grandson Brent Sullivan was found unresponsive in her shed two years ago.

According to police, Kelli Smith, along with Brent’s mother, Alexis Smith, were both using and selling fentanyl.

Now, Kelly Smith’s trial, scheduled for August 12, 2024, is being moved to Chaves County.

Last week, Alexis Smith was sentenced to 14 years for her role in his death.