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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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