DARWIN COSTELLO - 4 Months (2010)/ Convicted: Father; Ryan Costello - Fort Myers FL

Bracing to stand trial for the death of his infant son, Ryan Costello will soon have visitation with his 2-year-old boy, a judge ruled Wednesday. The 32-year-old south Fort Myers man was released on $75,000 bail Friday, after the state attorney’s office declined to press a host of drug charges. Still facing charges of second-degree murder and child neglect, Costello filed for — and was granted — supervised visitation with his older son.As a condition of Costello’s release from jail, criminal prosecutors had requested no contact between Costello and the surviving toddler. But Judge Mark Steinbeck left it to the discretion of family court Judge James Seals, who expressed surprise that it was his call.
“The only reason I know of to deny a parent visitation is if it will actually or eminently cause the child harm — physical, mental or emotional,” Seals said. No one in court Wednesday — including the child’s mother, Whitney Simonsen, and both sets of grandparents — said they considered that to be a concern if the visits were supervised. So Seals approved visitation for Costello for one hour, once a week, monitored by Lutheran Services.“If the visit itself or the aftermath of the visit creates some unpleasant happenings, then we need to know about it and make a course correction,” Seals said. Costello was arrested in June, after deputies reported he rushed his 3-month-old son, Darwin, to the hospital with life-threatening injuries. He handed his baby to a nurse and fled back to his home, where deputies later found a marijuana grow operation and prescription pills. Both Costello and Simonsen, 24, were accused by police of dealing and possessing drugs, but state attorney’s office spokeswoman Samantha Syoen said there was insufficient evidence to go forward with prosecution of Costello on the drug charges. “There was no way to prove who the drugs belonged to,” Syoen said. The murder trial is still moving forward.Investigators captured an audio conversation between Simonsen and Costello in which he says, “I killed my kid.” But his family court attorney, Toni Butler, said if that statement is considered in context, it isn’t a confession, and there is no proof Costello was the one who inflicted the baby’s injuries, which included trauma to the head, spine and internal organs.

Butler also told Seals that Costello completed a Life Skills program in jail — to which Simonsen sarcastically replied, “Well that’s good.” Tension in the courtroom Wednesday wasn’t limited to that between Darwin’s parents, but also involved both sets of grandparents.Both DCF and the Guardian ad Litem program recommended Simonsen be reunited with the 2-year-old, which could give her custody and the power to decide whether to allow Costello’s parents to visit. Seals granted her unsupervised visitation and permission to move back in with her parents, where her son has also lived since August. The boy has been staying with Costello’s parents on weekends.Seals encouraged Simonsen to continue to allow Costello’s parents time with her son, saying grandparents are a good anchor for children. Micah Costello, Ryan Costello’s sister, said later that he has always been a good father to the boy — the only real parent he knows. Simonsen’s father, Lindsay, said if it were up to him, Ryan Costello would never see his grandson again, but he understands why Seals made the decision he did.

Charges
Charge Filing Date: Statute: Level/Degree Charge Number: Offense: Disposition:
7/25/2011 782.04(2) Felony - First, Punishable by Life 1 2ND DEG MURDER DANGEROUS DEPRAVED WO PREMEDITATION
7/25/2011 827.03(3b) Felony - Second Degree 2 NEGLECT CHILD CAUSE GREAT HARM
7/25/2011 827.03(3c) Felony - Third Degree 3 NEGLECT CHILD WITHOUT GREAT HARM
7/25/2011 827.03(3c) Felony - Third Degree 4 NEGLECT CHILD WITHOUT GREAT HARM
7/25/2011 918.13 Felony - Third Degree 5 EVIDENCE-DESTROYING TAMPER WITH OR FABRICATE PHYSICAL


12/7/2011 Case Management Conference (Judge:Steinbeck, Mark), Time - 13:30

http://apps.leeclerk.org/Criminal_detail_new.asp?CsNum=10-CF-017525&CsType=Adult%20-%20Felony

Costello guilty of manslaughter in son's death

Posted: Mar 06, 2013 10:45 AM CDT
Updated: Mar 06, 2013 3:48 PM CDT

FORT MYERS, FL -  Ryan Costello has been found guilty of manslaughter in the death of his four-month-old son, Darwin Costello.

Costello had originally been charged with Second Degree Murder; but after six hours of deliberation, the jury returned with the manslaughter verdict.

He was also found guilty of:

- One count of Neglect of a Child Causing Great Bodily Harm
- One count of Tampering With Evidence
- Two counts of Neglect of a Child Without Great Bodily Harm

After the jury returned, the court did not accept the guilty verdict on the charges of Neglect of a Child Without Great Bodily Harm and instead granted a judgement of acquittal.

Prosecutor Carrie Pollack says Darwin is still getting justice.

"We're very pleased with the work that the jury did. They obviously put a lot of thought into it, they took their time, they considered the evidence. This was a very difficult case for everyone involved, and we're very pleased with the outcome," she said.

"It still is going to result In a major sentence for Ryan Costello; and we're saddened by that," added Defense Attorney Wilbur Smith.

Officials we spoke with say sentencing will happen in April.

Costello now faces up to 30 years in prison.

Prosecutors had argued Darwin Costello's massive head injuries were the result of an intentional act by Ryan Costello.

They had said Costello beat his child then dropped him off at a hospital, adding that he stayed there less than a minute.

Throughout the course of the trial, the defense worked point out how Whitney Simonsen, the baby's mother and state's key witness, consistently changed her story about what happened that night. They also said that Simonsen was dealing with painkillers at the time.

Costello did take the stand during the trial and said that Simonsen threw a baby swing at him, knocking him down while he held the child.

The defense stood by that statement and said there was no proof Costello intentionally killed Darwin

http://www.nbc-2.com/story/21534241/costello-found-guilty-of-manslaughter-in-sons-death

Fort Myers man doing 30 years after baby's death

Posted: Apr 22, 2013 4:43 PM CST
Updated: Apr 22, 2013 4:43 PM CST

FORT MYERS, FL - A Fort Myers man who police say killed his 11-week-old son will spend the next 30 years behind bars.

A judge handed down the sentence to Ryan Costello on Monday.

Last month, A Lee County jury convicted Costello of aggravated manslaughter for beating "baby Darwin" to death in 2010.

Police say he also tampered with evidence after tearing apart a marijuana grow room in his home the night of Darwin's death.

The judge dismissed a guilty verdict on one count of child neglect.

http://www.nbc-2.com/story/22045889/fort-myers-man-sentenced-to-30-years-after-beating-baby-to-death#.UyXWRYW0t6k