JADA JUSTICE - 3 yo (2009)/ Convicted: Engelica Castillo - Gary IN

The mother of 2-year-old Jada Justice testified she became suspicious of
her cousin's boyfriend shortly after the toddler had been reported
missing.

Melissa Swiontek, the first witness to testify in the murder trial of
Engelica Castillo, said Castillo had called her in early June 2009 to
see about having Jada stay with her for a couple weeks, beginning June
8, 2009.

Swiontek said on June 16, 2009, she learned Castillo had reported her
daughter missing outside a gas station at 1401 E. Ridge Road, Gary.

Castillo was screaming hysterically after reporting she'd left the baby
in the car while she went inside for milk and cigarettes, Gary police
Patrolman Nicolas Deem said.

That information resulted in a nine-day search by federal, state and local authorities. Jada's body was discovered June 25, 2009, bound with rope and encased in cement in a swampy area near Otis.

Swiontek said she felt something wasn't right with Timothy Tkachik,
Castillo's boyfriend at the time, in the hours after Jada was reported
missing.

When she'd gone to Castillo and Tkachik's home at 3925 Missouri St.,
Hobart, about six blocks from the gas station, to retrieve her
daughter's diaper bag, clothes, toys and blankets, Tkachik offered her a
bag of pills.

Swiontek let police know about the pills, then returned to the home and
noticed a red stain under a mattress, which she said smelled and tasted
like Kool-Aid.

As she alternated between searching the neighborhood and returning to
the couple's home, Swiontek said she later noticed blood on Jada's
blankets and a couple of diapers.

She gave the blankets to police. Castillo, 19, of Hobart, faces a possible life sentence if convicted of murder.

She has pleaded not guilty to the charges, which also include neglect of a dependent, battery and false informing.

In other testimony, Tkachik's former neighbor, Ljubica "Violet" Holley,
said she had been preoccupied with a death in the family and was unaware
of the missing child case that dominated local headlines until she saw
helicopters flying low in the area and spoke with a neighbor who showed
her one of the articles.

Holley said she assured an FBI agent that Tkachik would tell her and her
daughters, who were his childhood friends, what had happened to the
baby.

The following day, Holley said she and her daughters spoke with Tkachik,
who was burned on the face and arms when Tkachik and Castillo attempted
to set the girl's body on fire.

"I told him I loved him, that I would be there for him," said Holley,
who urged Tkachik to tell the truth and give the girl's family closure.

During opening statements, trial supervisor David Urbanski said Castillo
and Tkachik were on their way to Chicago on June 13, 2009, for heroin
when they realized Jada wasn't breathing.

They decide to go back home, cover Jada's body with a tarp and take a different car to Chicago to get heroin.

Defense attorney Lemuel Stigler told jurors in his opening statement
that there was no intent to kill Jada and that Tkachik had no real
patience for children because they interfered with his drug-dealing.

The mother's cousin of a 2-year-old girl found burned and encased in concrete
last year in LaPorte, Ind., was found guilty of murder Thursday.Engelica
Castillo was convicted of murder, two counts of neglect of a dependent,
battery and false informing in connection with the death of 2-year-old
Jada Justice, according to a statement from Lake County Prosecutor
Bernard A. Carter’s office.The jury took about two hours to
convict Castillo, 20, of Hobart, Ind., according to the statement. The
jury will hear arguments Friday as to whether Castillo should be
sentenced to life in prison without parole.Castillo told police
that on June 18, 2009, she left Jada in the car at a Gary, Ind., gas
station, where she went to get milk, according to the statement. When
she came out the girl was gone, the statement said.On June 25,
2009, her then-boyfriend Timothy Tkachik led investigators to the girl's
body in LaPorte, according to the statement. The body was found burned
and encased in concrete.Tkachik testified that Castillo became
irritated at the little girl for dumping a package of drink mix and
spilling a container of syrup, according to the statement. Tkachik said
an angry Castillo repeatedly struck the child.He admitted to
striking the girl several times on the head and holding the toddler down
while Castillo repeatedly struck her with a belt, according to the
statement. Tkachik said that Jada stopped breathing while in a vehicle
with him and Castillo, and they failed to get medical help for the
child.Tkachik, 25, of Hobart, pleaded guilty to two counts of
neglect of a dependent in connection with Jada’s death and faces a
maximum term of 50 years in prison when he is sentenced Sept. 10.

An Indiana jury tonight recommended life in prison without parole for a 20-year-old
Hobart woman convicted of the 2009 murder of 2-year-old Jada Justice, who first
was reported missing before her beaten and burned body was found encased in concrete a week later.
Engelica Castillo was convicted Thursday of murder, neglect of a dependent, battery and false
informing, Lake County, Ind., Prosecutor Bernard A. Carter announced.
The jury deliberated about two hours, and then came back Friday for a
day-long hearing to consider sentencing recommendations.
After deliberating about two hours Friday night, the jury came back
with a recommendation for life in prison without parole, said the
prosecutor's office. The official sentencing is set for Sept. 9.
Castillo's former boyfriend, Timothy Tkachik, 25, of Hobart,
already had pleaded guilty to neglect of a dependent in connection with
Jada's death and faces a maximum term of 50 years in prison when he is sentenced Sept. 10.
The girl's mother told police she left Jada with Castillo for a
two-week stay. On June 18, 2009, Castillo told police she left Jada, who
lived in Portage, in the car at a Gary
gas station when she went inside to get milk and that when she came out
the girl was gone, according to the prosecutor's office.
On June 25, 2009, Tkachik led investigators to the little girl's body
in LaPorte. Jada's body was found burned and encased in concrete, and
officials said she died of blunt force trauma.
Tkachik testified that Castillo became irritated at Jada for dumping a
package of drink mix and spilling a container of syrup. Tkachik said an
angry Castillo repeatedly struck the child, according to prosecutors.
He admitted to striking the girl several times on the head and
holding the toddler down while Castillo repeatedly struck her with a
belt, according to the prosecutor's office. Tkachik said Jada stopped
breathing while in a vehicle with him and Castillo, and they failed to
get medical help for the child.

Ind. Woman Lashes Out During Sentencing

"I'm not the lowest of the low, as the prosecutor has labeled me," Engelica Castillo says in court

Thursday, Sep 9, 2010 | Updated 5:30 PM CDT

By Natalie Martinez

The woman convicted of killing her 2-year-old cousin lashed out at prosecutors who called her the "lowest of the low" during her sentencing in an Indiana courtroom on Thursday.

"How dare someone put that label on anybody," Engelica Castillo spouted off. "You're not perfect."

Castillo was given a sentence of life without the possibility of parole for the murder of her young cousin, Jada Justice, who was found burned and encased in concrete last year.

In a deal with prosecutors, her then-boyfriend, 25-year-old Timothy Tkachik, agreed to plead guilty to two counts of neglect of a dependent for his involvement in the crime in return for testimony against Castillo.

He faces 20 to 50 years in prison when he's sentenced Friday, a punishment that Castillo clearly felt was unfair when compared to hers.

"He couldn't keep his story straight. He kept adding things," said Castillo, referring to Tkachik's testimony during the trial.

Castillo testified that she felt threatened by Tkachik and was following his instructions.

"You couldn't hear... what was said to me, the things he told me," she said. "Tim told me, 'You'll be laying next to her.' I know what he's capable of."

Still, the plea had little impact on Judge Thomas Stefaniak Jr., who questioned if Castillo understood "the magnitude of what's going on here."

Aside from shaking her foot nervously, Castillo displayed very little, if any, remorse. It was a point noted in the remarks from Justice's mother, Melissa Swiontek.

"She got what she deserved. She had so many chances, but she never said, 'I'm sorry,'" said Swiontek.

A Lake County, Ind., jury last month took just two hours to convict the 20-year-old Hobart woman, who was babysitting Justice at the time of her death.

Castillo told police June 18, 2009, she left Jada in the car at a Gary, Ind., gas station, where she went to get milk. When she came out the girl was gone.

A week after the girl vanished, Tkachik led investigators to her body in LaPorte. She'd been burned and encased in concrete.

Tkachik testified that Castillo became irritated at the little girl for dumping a package of drink mix and spilling a container of syrup. Tkachik said an angry Castillo repeatedly struck the child.

He admitted to striking the girl several times on the head and holding the toddler down while Castillo repeatedly struck her with a belt. Tkachik said that Jada stopped breathing while in a vehicle with him and Castillo and they failed to get medical help for the child.

Jessica D'Onofrio, ABC7 Chicago

September 9, 2010

(CROWN POINT, Ind.) (WLS) -- An Indiana baby sitter was sentenced to life in prison Thursday for the murder of the child in her care.

Twenty-year-old Engelica Castillo was convicted of murdering 2-year-old Jada Justice. In sentencing Castillo, the judge followed wishes of the jury who convicted the defendant last month.

What's difficult to understand about the death of baby Jada is that her babysitter was a relative. Castillo and Jada's mother are cousins.

Over the years, the families leaned on each other for help with childcare. The families were together for holidays and birthdays. But Castillo and her boyfriend, apparently in a heroin-induced high, killed the baby and hid her body last June.

Melissa Swiontek left the Lake County Courthouse after saying what's been on her mind for over a year, her family divided and in mourning.

"She has destroyed our family," Swiontek said. In court, Swiontek spoke directly to Engelica Castillo, who was convicted for the murder of Swiontek's daughter, Jada Justice. "I've lost so much. My kids have lost so much," Swiontek said. "My baby never had a chance at life. She was only 2."

Swiontek and Castillo are cousins. Their families had been close until Jada went missing last summer. The 2-year-old had been beaten and her body hidden in a cement container. Castillo and her boyfriend Tim Tkachik were accused. Tkachik made a plea agreement with prosecutors and has yet to be sentenced. Thursday, Castillo was sentenced to life in prison without the possibility of parole. Judge Thomas Stefaniak said he took the jury's recommendation for sentencing, saying, "You show no remorse over a dead baby." Castillo made several outbursts during the sentencing hearing until the judge threatened to duct tape her mouth shut. But Castillo was eventually allowed to comment. "I have to take responsibility for certain things in my life," Castillo told the court. "Who is anybody to judge? Nobody is perfect."

"She has no conscience," said Swiontek. "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."

"She got what she deserved. I hope that in time she can get a conscience and admit what she did," said Lisa Huerta, Jada Justice's grandmother. "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," said Bernard Carter, Lake County prosecutor.

Castillo's defense attorneys argued that Castillo had been sexually abused as a child and had a violent childhood. But her past seemed to have little influence over the jury or judge. Castillo says she plans to appeal.

Associated Press
12:55 p.m. CDT, July 23, 2011

CROWN POINT, Ind.—

Prosecutors have filed neglect charges against the
mother of a toddler whose body was burned, encased in cement and dumped
in a swamp by her babysitters, saying the woman knew she was leaving her
daughter with known drug dealers.

Melissa Swiontek, 29, of Portage, has been charged with one
Class A felony count and one Class D felony count of neglect of a
dependent, the Times of Munster reported Saturday

Her daughter, Jada Justice, died in June 2009, beaten to death
by Swiontek's cousin, 20-year-old Engelica Castillo of Hobart and
Castillo's boyfriend, Tim Tkachik, after spilling a package of drink mix
and a container of syrup, Tkachik told investigators. At the time of
the child's disappearance, Castillo said Jada had been abducted outside a
Gary convenience store.

Swiontek had received marijuana from Tkachik and was present
once when Castillo and Tkachik sold cocaine to customers, Hobart police
said. They said in court documents that Swiontek "knowingly or
intentionally placed her daughter, Jada Justice, in a situation that
endangered her life or health and which resulted in her death."

Castillo was convicted of murder, two counts of neglect, battery
and false informing last August and sentenced to life without parole.

In a plea bargain with prosecutors, Tkachik, 25, admitted to
participating in beating the child, delivering several blows to the
girl's head and holding the child down while Castillo repeatedly struck
her with a belt. Tkachik has pleaded guilty to two counts of neglect of a
dependent and awaits sentencing, which won't occur until after
Swiontek's trial.

Lake County Prosecutor Bernard Carter told The Times that Tkachik may serve as a material witness in Swiontek's trial.

If convicted of neglect, Swiontek faces 20 to 30 years in prison
for the Class A felony charge and six months to three years for the
Class D felony.

Swiontek was being held Saturday at the Lake County jail on $50,000 bond. A jailer said he did not know if she had an attorney.

http://www.chicagotribune.com/news/chi-ap-in-missingtoddler-mo,0,7779491.story

Here in Florida neglect charges don't carry that hefty a penalty.

I'm glad they are finally holding the POS mother responsible. Good for Gary prosecutors.

The irony in Jada's last name "is rich".

Mother of Jada Justice charged with neglect
Monday, July 25, 2011
July 25, 2011 (CROWN POINT, Ind.) (WLS) -- The Indiana mother of a toddler who was beaten to death two years ago has been arrested in connection with the case.


Melissa Swiontek, 29, of Portage is charged with neglect of a dependent resulting in the child's death.

Prosecutors say Swiontek knew she was leaving her daughter, 2-year-old Jada Justice, with known drug dealers.

Jada died in 2009 after being beaten to death by Swiontek's cousin and the cousin's boyfriend. If convicted of neglect, Swiontek faces 20 to 30 years in prison.

Swiontek was arrested at about 8 a.m. Friday by members of the U.S. Marshals Service Great Lakes Regional Fugitive Task Force. Officers executed the arrest warrant at Swiontek's home in the 6900 block of Eisenhower Street and forced entry after knocking for about 10 minutes with no response, a spokesman said. She was home alone.

Swiontek's cousin, Engelica Castillo, 20, is serving a sentence of life in prison without parole plus five years for Jada's murder.

Timothy Tkachik, 25, pleaded guilty to two counts of neglect of a dependent in Jada's death and is awaiting sentencing by Lake Superior Court Judge Thomas Stefaniak Jr., on Sept. 9. He faces a maximum 50-year prison term.
In the summer of 2006, Tkachik was dealing cocaine and marijuana when he began dating Castillo. Around Christmas 2006, Castillo introduced Tkachik to her family, including Swiontek, her first cousin. Castillo violated juvenile probation and went on the run with Tkachik, moving between residences in Lake and Porter counties and eventually moving in with Swiontek.

According to information provided by Tkachik, soon after he and Castillo moved in with Swiontek, she learned that Tkachik was dealing marijuana. Swiontek told them not to keep large quantities in her house and told them to smoke outside, but accepted marijuana from Tkachik and Castillo for her own personal use and left Jada and her younger son with them, court records state. Castillo told investigators that Swiontek was present when she and Tkachik were bagging cocaine, and Castillo sold cocaine to an ex-boyfriend in front of Swiontek, court records state.

After the couple moved into a trailer in Valparaiso, Swiontek continued to smoke marijuana with Tkachik and Castillo and would bring her children to stay with them. Afterward, Tkachik and Castillo moved into the basement of a home in Valparaiso where there was a large amount of traffic from drug sales. Swiontek dropped off her children there for Castillo and Tkachik to watch.

In the summer of 2008, Tkachik and Castillo moved to a home in the 3900 block of Missouri Street, Hobart, where Tkachik told police he bragged around the amount of money he was making from his drug-dealing and showed Swiontek a large amount of cash, court records state. Tkachik provided Swiontek with prescription painkillers, and she continued to tell Tkachik and Castillo to be careful.

In October 2008, Tkachik and Castillo arrived at Swiontek's home in Portage to take the children trick-or-treating, and Tkachik told police he conducted a drug deal outside Swiontek's home.

For about one year starting in the summer of 2008, Tkachik and Castillo would watch Swiontek's three children for days at a time. Both Tkachik and Castillo told police it would be difficult to reach Swiontek, who wouldn't pick up the children when she said she would. "Girl, I knew they were OK, you had them," Swiontek is quoted in court records as saying.

Castillo had agreed to watch Jada during the first week of June 2009. Tkachik was dealing marijuana, cocaine and heroin at the time. The couple picked up the girl, then completed a drug deal.

Tkachik, who testified against Castillo during her two-week trial last year, said Castillo beat Jada to death because she'd dumped a package of drink mix and spilled a container of syrup. Tkachik admitted he held the girl down while Castillo repeatedly struck her with a belt during a prolonged beating. Jada suffered skull fractures and received no medical care. Afterward, the couple tried to dispose of Jada's body by burning it, but Tkachik suffered severe burns instead. They encased the child's body in cement and dumped it in a rural LaPorte County swamp. Afterward, they fabricated a story that Jada had been abducted after being left alone in a car outside a gas station.

On June 25, 2009, Tkachik directed police to the area where they tried to burn the child's body and where she later was dumped.

http://abclocal.go.com/wls/story?section=news/local&id=8269644

Woman gets life in prison for toddler murder
Friday, September 10, 2010

September 9, 2010 (CROWN POINT, Ind.) (WLS) -- An Indiana baby sitter was sentenced to life in prison Thursday for the murder of the child in her care.

Twenty-year-old Engelica Castillo was convicted of murdering 2-year-old Jada Justice. In sentencing Castillo, the judge followed wishes of the jury who convicted the defendant last month.

What's difficult to understand about the death of baby Jada is that her babysitter was a relative. Castillo and Jada's mother are cousins. Over the years, the families leaned on each other for help with childcare. The families were together for holidays and birthdays. But Castillo and her boyfriend, apparently in a heroin-induced high, killed the baby and hid her body last June.

Melissa Swiontek left the Lake County Courthouse after saying what's been on her mind for over a year, her family divided and in mourning.
"She has destroyed our family," Swiontek said.

In court, Swiontek spoke directly to Engelica Castillo, who was convicted for the murder of Swiontek's daughter, Jada Justice.

"I've lost so much. My kids have lost so much," Swiontek said. "My baby never had a chance at life. She was only 2."

Swiontek and Castillo are cousins. Their families had been close until Jada went missing last summer. The 2-year-old had been beaten and her body hidden in a cement container.

Castillo and her boyfriend Tim Tkachik were accused. Tkachik made a plea agreement with prosecutors and has yet to be sentenced.

Thursday, Castillo was sentenced to life in prison without the possibility of parole. Judge Thomas Stefaniak said he took the jury's recommendation for sentencing, saying, "You show no remorse over a dead baby."

Castillo made several outbursts during the sentencing hearing until the judge threatened to duct tape her mouth shut. But Castillo was eventually allowed to comment.

"I have to take responsibility for certain things in my life," Castillo told the court. "Who is anybody to judge? Nobody is perfect."

"She has no conscience," said Swiontek. "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."

"She got what she deserved. I hope that in time she can get a conscience and admit what she did," said Lisa Huerta, Jada Justice's grandmother.

"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," said Bernard Carter, Lake County prosecutor.

Castillo's defense attorneys argued that Castillo had been sexually abused as a child and had a violent childhood. But her past seemed to have little influence over the jury or judge.

Castillo says she plans to appeal.

http://abclocal.go.com/wls/story?section=news/local&id=7657957

Castillo appeals her life sentence in toddler’s death
The Associated Press November 2, 2011 11:50AM

A Northwest Indiana woman is asking the Indiana Supreme Court to reduce her sentence of life in prison without parole for killing her 2-year-old cousin, arguing it is unfair because her former boyfriend received a much lighter sentence.

Engelica Castillo’s attorney, Marce Gonzalez Jr., argued this week that it’s a breach of fundamental fairness that his 21-year-old client should die in prison while Timothy Tkachik may serve as few as 10 years in prison. Castillo, of Hobart, was convicted of murder, while Tkachik pleaded guilty to two counts of neglect of a dependent.

Castillo told police that toddler Jada Justice disappeared from a car while she went into a Gary convenience store. Her body was found in a swamp in rural LaPorte County.

http://posttrib.suntimes.com/news/lake/8565329-418/castillo-appeals-her-life-sentence-in-toddlers-death.html

Life sentence tossed for Jada Justice killer, Supreme Court sets 65-year term

17 hours ago • By Dan Carden dan.carden@nwi.com

INDIANAPOLIS | Engelica Castillo was ordered to serve 65 years in prison instead of life for murdering her 2-year-old cousin, Jada Justice. The Indiana Supreme Court ruled Tuesday that Castillo's original sentence of life without the possibility of parole was inappropriate.

In a 4-1 decision, written by Chief Justice Brent Dickson, the state's high court said the evidence against Castillo was insufficient for a Lake County jury to find she "knowingly or intentionally" killed Justice, but was sufficient for Castillo to be found guilty of murder as an accomplice.

Over several hours on June 13, 2009, Castillo, then 18, and her boyfriend, Timothy Tkachik, repeatedly abused Justice after the girl spilled fruit drink mix, refused to eat her lunch and shared some of it with a dog.

According to court records, Castillo and Tkachik yelled at the 2-year-old, spanked her several times with a hand and belt, slapped her, poked, shoved and pushed her and yanked her by the hair. Justice's skin above her right eye was cut after she hit her head on a table following a slap by Castillo. The girl also was intermittently belted to a chair and beaten.

Castillo and Tkachik had Justice with them that night as they drove from Hobart to Chicago to buy heroin when they noticed Justice was not breathing and attempted CPR. Later, they claimed Justice was abducted from a Gary gas station. Following a nine-day search, her body was found encased in concrete in a LaPorte County swamp.

While the Supreme Court agreed Castillo's treatment of Justice was "terrible," Dickson said none of her actions "evince a conscious objective to kill the victim nor are any of these actions in isolation associated with a high probability of death."

The court said Tkachik punching Justice in the head was the most likely cause of death, and Castillo should be treated as an accomplice because she did not stop him from punching Justice and continued associating with him after he hit the girl.

Life without parole is an excessive punishment because Castillo "was merely complicit in her boyfriend's conduct" and she "did not actively participate in or plan the killing," the court said. The revised sentence of 65 years is Indiana's maximum prison term for murder.

Castillo, who turns 22 on Monday, could be released from prison in about 33 years with good behavior. Tkachik, 27, who plead guilty to two counts of felony neglect of a dependent and testified against Castillo, is awaiting sentencing.

Justice Mark Massa dissented from the court's ruling. He said regardless of Tkachik's conduct, Castillo -- even at age 18 -- should have known such a brutal attack on a 2-year-old child was likely to result in death.

In a separate case Tuesday, the Indiana Supreme Court ruled 3-2 that life without parole is a constitutional and appropriate punishment for a 17-year-old boy who strangled and beat to death his 10-year-old brother.

http://www.nwitimes.com/news/local/lake/hobart/life-sentence-tossed-for-jada-justice-killer-supreme-court-sets/article_8c8960ae-2268-59bb-8a8d-550e48786ee6.html

Because his blow was most likely the killing blow, she is only an accomplice? WTF!?

"Justice Mark Massa dissented from the court's ruling. He said regardless of Tkachik's conduct, Castillo -- even at age 18 -- should have known such a brutal attack on a 2-year-old child was likely to result in death." (snipped from above Dan Carden article)

to this man! with common sense!

How horrifying for that baby girl. Isn't it kind of a 'duh' thing that
beating a tiny child like that would lead to death. The depravity existing in this world is scary; and it would take a depraved mind to do something so horrible.

I agree Ginger and Ladibug. This ruling is freaking ridiculous. The crazy slowly tortured and beat that baby to death. That's even worse. If they had hit her one time and it killed her, then she wouldn't have slowly suffered. Those judges are idiots. I don't call this justice for Jada.

Appeals court affirms 40-year sentence for partner in Jada Justice murder

19 hours ago
By Dan Carden



INDIANAPOLIS | The Indiana Court of Appeals upheld the 40-year prison term issued to Timothy Tkachik, the Hobart man who admitted assisting in the brutal 2009 murder of 2-year-old Jada Justice.

Tkachik, 28, pleaded guilty in 2010 to two Class A felony counts of child neglect resulting in death for joining his then-girlfriend, Engelica Castillo, in beating the toddler to death and then burning and encasing her body in concrete, before dumping it in a swamp near Otis in LaPorte County.

Castillo, 23, is serving a 65-year prison term for murder. Prosecutors dropped a murder charge against Tkachik after he agreed to testify against Castillo.

In his appeal, Tkachik argued Lake Superior Judge Thomas Stefaniak Jr. should have given him a shorter prison sentence.

He claimed the judge failed to consider as mitigating factors the accidental nature of Justice's death, Castillo's dominant role in the relationship and Tkachik's heroin use.

The appeals court, in a 3-0 decision, determined Monday that Stefaniak properly weighed the aggravating and mitigating factors affecting Tkachik's actions.

"We conclude that the valid aggravating factors found by the trial court warranted an enhanced sentence and, accordingly, that the trial court did not abuse its discretion in sentencing Tkachik," Appeals Judge Cale Bradford wrote.

On June 13, 2009, Castillo and Tkachik were babysitting when they fatally beat Justice, the daughter of Castillo's cousin, after they became enraged by the child spilling food, according to court records.

They did not seek medical attention for the girl after she fell unconscious while they drove to Chicago to buy heroin. Justice died a short time later.

The next day, Tkachik and Castillo attempted to dispose of Justice's body by burning it in a wooded area. They were unsuccessful, but Tkachik was severely burned in the process. They later put Justice's body in a container, poured concrete around it and dumped it in a swamp.

Tkachik and Castillo initially told police Justice had been kidnapped after Castillo left the girl in a car while buying items at a Gary gas station.

http://www.nwitimes.com/news/local/lake/hobart/appeals-court-affirms--year-sentence-for-partner-in-jada/article_e536222c-a051-5e1d-8b70-d544d1f2b7b6.html

Tkachik v. State ruling of Indiana Court of Appeals