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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. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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