Man pleads to bringing drugs to baby’s mom in hospital

A 25-year-old man accused of smuggling heroin into a Grafton hospital and giving it to a woman days after she gave birth to their child, who was seriously injured in a fall from a hospital bed, pleaded guilty last week in Ozaukee County Circuit Court to felony neglect of a child causing great bodily harm.

The plea of West Bend resident Devin R. Berg to that crime as well as misdemeanor bail jumping were accepted by Judge Steve Cain during a May 20 hearing.

District Attorney Benjamin Lindsay recommended that Berg be sentenced to 18 months in prison followed by four years of extended supervision.

Cain ordered a presentence investigation and scheduled Berg’s sentencing for July 13.

The mother of the child, Janet B. Solis, 26, of West Bend, pleaded guilty to child neglect causing great bodily harm in October 2025 and was sentenced by Cain to two years in prison followed by four years of extended supervision.

Solis gave birth at Aurora Medical Center on Oct. 29, 2024, to a baby who according to tests had fentanyl, cocaine and marijuana in his system and was suffering withdrawal symptoms, according to a criminal complaint.

Solis and the infant were still at Aurora Medical Center on Nov. 3, when at 9 p.m. a nurse checked on Solis, who was in the bathroom while her son was on the hospital bed unattended. The nurse counseled Solis about the dangers of leaving an infant unattended on a bed.

At about midnight on Nov. 4, Solis was checked again and everything appeared to be fine, but a nurse who went to her room at about 2 a.m. found Solis unconscious on the bed and her baby on the floor under the bed with a bottle next to him.

The baby was taken to the neonatal intensive care unit and diagnosed with two skull fractures consistent with falling from a bed onto a tile floor.

During an interview with Grafton police detective Dustin Cline, Solis said she uses heroin two to three times a day, and although she initially denied Berg was a drug user, she later said he does heroin and supplies her with drugs, according to the complaint.

Solis said that when she went to Aurora Medical Center on Oct. 29, she brought with her what she thought would be enough heroin to get her through her stay and snorted it two to three times a day in the bathroom of her hospital room, the complaint states.

Solis, however, said her stay was extended, and on Nov. 2 Berg came to the hospital to bring her more heroin and a sleeping pill, according to the complaint.

She said that when the nurse checked on her at 9 p.m. Nov. 3, she was in the bathroom using heroin.

After using heroin and taking the sleeping pill, Solis said, she didn’t remember anything until 2 a.m. when she was woken up by nurses after they found her baby on the floor.

During an interview with West Bend police detective Stacie Bruss, Berg said he was at the hospital with Solis from Oct. 29 to Nov. 3, and when hospital staff members asked him about Solis’ drug use, he said he didn’t know anything about it, the complaint states.

Berg said he wasn’t there when his infant son fell off the bed but knew about it because Solis had called him and said the nurses were being ridiculous about it, according to the complaint.

After repeatedly denying he had used drugs during the last two years, Berg admitted he and Solis were daily heroin users and said he drove to Milwaukee once or twice a week to buy the drugs. Berg admitted bringing heroin to Solis in the hospital, the complaint states.

Although a small amount of suspected cocaine or fentanyl, as well as what was believed to be marijuana vaping devices and drug paraphernalia, were reportedly found in Solis’ hospital room, neither she nor Berg faced drug charges in Ozaukee County. The suspected drugs were found by the hospital’s public safety staff during a search of her room after the infant was injured, but instead of reporting them to authorities, the public safety employees threw them away in a trash compactor, according to a criminal complaint.

  Aurora Medical Center reported the child’s injury to Washington County Child Protective Services. That agency reported it to the West Bend Police Department, which then notified the Grafton Police Department, the complaint states.

The Grafton Police Department was contacted on Nov. 4 and obtained Child Protective Services reports that indicated there were ongoing concerns about drug use by Solis and Berg. Solis did not have prenatal care because she was afraid Child Protective Services would become involved and admitted to using heroin and smoking marijuana while she was pregnant, according to the complaint.

Solis and Berg, who have a daughter who was 3 when her brother was born, were also charged in November 2024 with possession of narcotic drugs and child neglect not resulting in injury in Washington County Circuit Court. That case was dismissed as part of a plea agreement but read into the record, which means Cain could consider the facts surrounding the charge when he sentenced Solis and will be able to do the same when sentencing Berg.

Berg was charged in Ozaukee County with misdemeanor bail jumping because at the time of the hospital incident he was free in lieu of bail in connection with a charge of first-offense operating while intoxicated with a child younger than 16 in the vehicle in Waukesha County. The child was Solis’ 5-year-old daughter, according to court records.

He pleaded guilty to that charge and was sentenced to 25 days in jail.

Berg had been free in lieu of $10,000 bail since November 2024 but during last week’s court hearing Cain revoked his bail and ordered him held in the county jail until his sentencing.