Engelica Castillo

Case record: Engelica Castillo

STATUS

Engelica Castillo was sentenced to life in prison without the possibility of parole on September 8, 2010, and the sentence was reduced to 65 years in prison on July 30, 2012.

The offence

Engelica Castillo was convicted of murdering 2-year-old Jada Justice. Castillo was also convicted of neglect of a dependent and battery in connection with the beating death of Jada Justice. Prosecutors presented evidence that Castillo became angry and spanked Jada after finding her with powdered drink mix and strawberries from the refrigerator. Jada Justice locked herself in the bedroom after making a mess with syrup and powdered drink mix. Castillo told Timothy Tkachik that Jada had hit her head on a table when Castillo slapped her. Jada Justice had a small cut above her right eye that bled slightly. Timothy Tkachik testified that Jada had red marks on her face and bruises on her buttocks after Castillo had beaten the child with a belt. Timothy Tkachik testified that he ran into the bedroom and knuckled Jada “pretty hard” four to six times, hoping that would end the confrontation between Castillo and the girl. The couple were later accused of plotting ways to dispose of the body, including two trips to the store to get supplies, including a container, cement and rope. Tkachik testified that they placed the child’s stiff, dead body as Castillo mixed cement in a round container, and that they dumped the container in a swamp after trying to remove their fingerprints. Tkachik testified that Castillo came up with the idea to report a false abduction from a gas station. Castillo concocted a story that the child had been abducted from a gas station, but eventually Tkachik led authorities to the body.

Background

Engelica Castillo was 18 and living with Timothy Tkachik, her then-boyfriend, in Hobart when Jada’s mother, Melissa Swiontek, brought the Portage toddler for a two-week stay in June 2009. Castillo and Jada’s mother are cousins. Over the years, the families leaned on each other for help with childcare, and they were together for holidays and birthdays.

Investigation

Jada Justice was reported missing and police and relatives searched for the missing 2-year-old for days. The death of a 2-year-old northwest Indiana girl who had been missing for a week was ruled a homicide. The body of Jada Justice was discovered Thursday in rural LaPorte County. The toddler’s body was found exactly one week after Jada’s babysitter told police she had been taken from her car at a gas station in Hobart. A coroner, John Sullivan, later described that they showed family members “a photograph of the girl during the autopsy as best we could.” John Sullivan said: “It was a very difficult thing of course to do. That spares them what I would describe as the hell having to look at the body.” Police were called to search an area of western LaPorte County based on information they had received in relation to the missing girl. A body was found in Indiana that may have been the remains of 2-year-old Jada Justice. Police only said that it appeared the body was the remains of 2-year-old Jada Justice. A coroner was called to the scene early Thursday afternoon after police found a body in fields in the area.

Chief Rod Gonzalez, Hobart Police Dept., said: “It is with deep sadness that I report this morning investigators discovered what are believed to be the remains of Jada Justice in rural LaPorte County east of Highway 421,” Angie Balboa, family friend, said: “You always have a hunch of what’s going on. A mother knows, I'm a mother my own self, and when stories aren't adding up and stuff like that you just know something. And for it to happen like this, it's devastating right now,” Investigators said 2-year-old Jada Justice of Portage was apparently abducted from a car on June 16. The FBI said it received more than 100 tips in the case.

Arrest and custody

Engelica Castillo, 18-year-old, and her boyfriend Timothy Tkachik were charged with murder, neglect, battery and falsing informing in Justice’s death. The suspects were held without bond. Both suspects were being held in Crown Point. They were scheduled to make their initial court appearance Monday. Tkachik and Castillo were in custody starting Thursday, with authorities filing charges against the two people they had in custody. During questioning, Castillo allegedly stuck to her original story that Jada disappeared from her car when she went to a Gary gas station. Tkachik offered a different version of events, and his information led authorities to Castillo’s body in west LaPorte County.

Trial

A jury found Engelica Castillo guilty in the murder of 2-year-old she was babysitting. Castillo was convicted of murder, two counts of neglect of a dependent, battery and false informing in connection with the death of Jada Justice. The jury deliberated about two hours. The jury verdict was in a Lake Superior Court trial in Crown Point, Indiana.

Tkachik pleaded guilty to a neglect charge in June and testified against Castillo. During oral argument before the Indiana Supreme Court, Marce Gonzalez Jr., Castillo’s court-appointed appellate attorney, argued that it was difficult to justify a life sentence for Castillo “when the more culpable co-defendant would likely be serving 10 to 15 years.” Marce Gonzalez Jr. said: “I am pleased that the Supreme Court agreed with both of the arguments I presented,” and said: “Gonzalez said the court issued a “very well-reasoned and thoughtful opinion in a difficult case.”” During sentencing-related proceedings, Gonzalez described that he presented arguments to the Supreme Court.

In sentencing, the judge followed wishes of the jury who convicted Castillo the previous month. The defense attorneys argued that Castillo had been sexually abused as a child and had a violent childhood.

“You show no remorse over a dead baby.”
Judge Thomas Stefaniak said this.

Castillo made several outbursts during the sentencing hearing. The judge threatened to duct tape her mouth shut, and Castillo was eventually allowed to comment. Castillo told the court: “I have to take responsibility for certain things in my life,” and also said: “Who is anybody to judge? Nobody is perfect.” Lisa Huerta, Jada Justice’s grandmother, said: “She has no conscience,” and said: “She doesn't care, and I don't know where that came from and why that is, but it's the monster that got taken out on my daughter, and now we all see her for who she is, and I just wish I would have known before.” Bernard Carter, Lake County prosecutor, said: “If you look at the offense in this matter, so heinous, a 2-year-old treated in the manner this child was treated, justice was served today,” Melissa Swiontek, Jada’s mother, said after leaving the Lake County Courthouse: “She has destroyed our family,” and also said: “I've lost so much. My kids have lost so much,” and: “My baby never had a chance at life. She was only 2.”

Sentencing

On September 8, 2010, Engelica Castillo was sentenced to life in prison without the possibility of parole. Judge Thomas Stefaniak said he took the jury's recommendation for sentencing. Castillo was allowed to comment after outbursts and after the judge threatened to duct tape her mouth shut.

In the Indiana Supreme Court decision, the life-without-parole sentence imposed in 2010 was found to be inappropriate given Castillo’s role in the crime. The court ordered a 65-year sentence for Castillo on July 30, 2012. The revised sentence was the maximum for murder. Castillo was to be returned to Lake County from Rockville Correctional Facility so that Lake Superior Court Judge Thomas Stefaniak Jr. could impose the revised sentence.

The court also addressed prosecutor misconduct during closing arguments. The court found that the prosecutor had misstated the law in closing argument by telling jurors not to compare aggravating and mitigating factors. The court held that Indiana law requires jurors to make such a comparison. The court found that the prosecutor’s error, together with the prosecutor’s argument focusing on Castillo’s unsavory character, “not only placed the defendant in a position of grave peril to which she should not have been subjected but also presented an undeniable and substantial potential for an erroneous jury sentencing recommendation,” The court found that the facts of the case did not support Castillo’s conviction for murder as a principal player but supported her conviction only as an accomplice. The court found evidence that she “slapped, poked, yanked the child by the arms and hair and spanked her.” The court explained that to be convicted of murder as the principal, “the jury must find that the defendant knowingly or intentionally killed another person.”

Inmates received day-for-day credit for good behavior while incarcerated.

Appeals

The Indiana Supreme Court overturned the life sentence imposed on Castillo in 2010. The Supreme Court found that the life-without-parole sentence was inappropriate given Castillo’s role in the crime. The Supreme Court also found prosecutor misconduct during closing arguments.

Marce Gonzalez Jr. argued it was difficult to justify a life sentence for Castillo compared with the co-defendant’s expected 10 to 15 years.

Other details

Melissa Swiontek, 30, was charged about one year before July 2012 with neglect of a dependent. Swiontek’s charges were based on allegations that she knowingly or intentionally placed her daughter in a situation that endangered her life or health because she knew that Castillo and Tkachik were drug users and dealers. Swiontek pleaded not guilty.

Timothy Tkachik was 27 and pleaded guilty to neglect of a dependent and battery in June 2010. Tkachik’s plea included testimony against Castillo in exchange for a maximum sentence of 50 years. Tkachik faced sentencing on September 10 in the 2010 reporting.

In the narrative provided by Tkachik during trial, Tkachik said he and Castillo used heroin and beat 2-year-old Jada Justice to death. Tkachik testified he held the child's stiff, dead body as Castillo mixed cement in a round container. Tkachik testified about “boom, boom, boom, boom” coming from the bedroom when he returned. Tkachik testified he went to the gas station after becoming frustrated with the ongoing conflict.

Castillo told police she left Jada in a car while she went to buy some milk at a gas station in Gary, and that when she came back Jada was gone.

“boom, boom, boom, boom”
Tkachik testified he heard this coming from the bedroom.

Procedural status and co-defendants

Castillo was convicted at trial. Castillo’s sentence was reduced from life in prison without parole to 65 years in prison. Tkachik testified against Castillo after a plea arrangement. Tkachik had yet to be sentenced at the time Castillo was sentenced to life in prison without parole.