Re: JADA JUSTICE - Aged 2 years - Indiana (USA)

**Twiglet** Wed Nov 07, 2012 10:31 am

nwitimes

30 march 2012

Status hearing reset for June for man in Jada Justice case

A status hearing Friday for Timothy Tkachik, co-defendant in the 2009 slaying of Portage toddler Jada Justice, was continued until June 29.

Tkachik, 26, pleaded guilty in 2010 to two counts of neglect of a dependent for his role in the child's death.

The two counts of neglect of a dependent are felonies that carry sentences of 20 to 50 years each, which would be served concurrently, according to Tkachik's plea agreement.

Lake Criminal Court Judge Thomas Stefaniak Jr. will consider the plea deal, which mandated Tkachik's testimony against co-defendant, Engelica Castillo, now 21.

Tkachik and Castillo, his then girlfriend and a second cousin to the child, had been charged with murder, two counts of neglect of a dependent, battery and false informing after the child's body was found burned and encased in concrete in a LaPorte County swamp.

Castillo was convicted and sentenced in August 2010 to life without parole.

In August 2011, the child's mother, Melissa Swiontek, 30, of Portage, was charged with two counts of neglect to a dependent.

Tkachik also is expected to testify against Swiontek, who is set for a hearing April 25.

http://www.nwitimes.com/news/local/lake/hobart/status-hearing-reset-for-june-for-man-in-jada-justice/article_7bfcce24-2081-570f-970e-c9aef9d9ab33.html

**Twiglet** Wed Nov 07, 2012 10:32 am

nwitimes

23 May 2012

Neglect trial for Jada Justice's mother scheduled for Feb. 25

The mother of slain Portage toddler Jada Justice is expected to go to trial Feb. 25.

Lake Criminal Court Judge Thomas Stefaniak Jr. set the trial date Wednesday during hearing for 30-year-old Melissa Swiontek, who is charged with two counts of neglect of a dependent.

Court documents allege Swiontek knew her cousin, Engelica Castillo, 21, and Castillo's boyfriend, Timothy Tkachik, 26, were drug users and dealers before Swiontek left the child in the couple's care.

Prosecutors charged the Hobart couple with murder, neglect of a dependent, battery and false informing in June 2009 after Tkachik led police to the child's body buried in a LaPorte County swamp.

Convicted on all counts, Castillo is serving a sentence of life without parole. Tkachik, who pleaded guilty to neglect but has not been sentenced, is set for a status hearing June 29.

http://www.nwitimes.com/news/local/lake/hobart/neglect-trial-for-jada-justice-s-mother-scheduled-for-feb/article_40c94e2c-4a30-500f-9a2b-871e300d713b.html

**Twiglet** Wed Nov 07, 2012 10:42 am

nwitimes

31 July 2012

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

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.

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

**Twiglet** Wed Nov 07, 2012 10:53 am

Timothy Tkachik has not yet been sentenced.

He will be a witness in Melissa Swiontek's trial. (Melissa is Jada's mother)

He will be sentencied after her trial.

Engelica Castillo, (girlfriend of Timothy Thachik and cousin of Melissa Swiontek) was sentenced to 65 years in prison for her part in the abuse and murder of Jada..

**pam supportfromireland** Thu Nov 08, 2012 1:36 am

What a case of horror.RIP Jada.

**smokie** Fri Nov 09, 2012 9:16 am

Speechless Sad

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