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Justices reduce caregiver’s sentence in child’s killing

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The Indiana Supreme Court reduced the sentence of a woman who, along with her boyfriend, was convicted in the events that led to the murder of the woman’s 2-year-old cousin while in her care.

The court ruled in a 4-1 opinion that Engelica Castillo’s sentence for murder should be reduced to 65 years in prison. Castillo challenged the appropriateness of her sentence and also raised the argument of prosecutorial misconduct.

Castillo and her then-boyfriend, Timothy J. Tkachik, were charged in June 2009 with murder, neglect of a dependent, battery and false informing after the body of Jada Justice, 2, was found in a swampy body of water near LaPorte.

About a year later, Tkachik pleaded guilty to a Class A felony neglect charge and agreed to testify against Castillo in exchange for a sentence of no more than 50 years in prison.

Both Tkachik and Castillo admitted beating Jada before a planned trip to Chicago to buy heroin, according to court records. On the way, the boyfriend found the baby leaning down in her car seat, not breathing. Efforts to revive the baby with CPR failed, and the baby was covered with a tarp as the two set off again toward Chicago.

Both said the baby was dead when they returned later that night.

The justices said that to be convicted of murder as a principal, a defendant must knowingly or intentionally kill another. “These facts do not support a conviction of the defendant for murder as a principal but only as an accomplice,” Chief Justice Brent Dickson wrote, noting that Tkachik might have been as likely to have been responsible for the fatal injuries.

“Notwithstanding the defendant's terrible treatment of the child, none of her actions were causally linked to either cause of death offered to explain the victim’s death at trial,” Dickson wrote in an opinion in which Justice Frank Sullivan concurred. Justice Robert Rucker concurred in the result, and Justice Steven David concurred in a separate opinion.

David said he believed evidence was sufficient to prove to a jury that Castillo knowingly killed the victim, but he didn’t object to revising the sentence due to Castillo’s difficult upbringing, Tkachi’s involvement, and terms of his plea agreement and prosecutorial misconduct.

The justices found the prosecutor “actually told the jury not to compare the mitigating and aggravating factors. … Telling the jury not to balance the aggravators and the mitigators touched on the central task of the jury in deciding whether to impose life without parole.” Dickson wrote.

Prosecutorial misconduct occurred, the justices concluded, but it did not result in an adjustment of sentence because the sentence was adjusted based on the appropriateness argument.  

Justice Mark Massa dissented. He held that there was evidence for a jury to conclude that Castillo was a principal actor, and that the prosecutorial misconduct did not constitute fundamental error.

“Even taking the majority’s view of culpability, I still believe a sentence of life without parole is not inappropriate on these facts,” Massa wrote.

 

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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