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The death penalty is being reviewed by Lake County prosecutors for the two defendants accused of murdering 2-year-old Jada Justice.
Engelica Castillo, 18, and her boyfriend, Tim Tkachik, 24, are charged with neglecting, battering, and murdering Jada on June 13.
Castillo had been babysitting Jada, her cousin, when she falsely reported to authorities the girl had been abducted from a gas station parking lot.
Tkachik told police Jada died after Castillo beat her about the head. The couple disposed of the body, which Tkachik helped authorities find on June 25.
Lake County Prosecutor Bernard Carter said that Indiana state law allows him to file a capital murder charge in any case where the victim is under the age of 12. “We are still going through a lot of information. A lot of the physical evidence is being examined by our experts. That all has to be assessed before any decision as to a potential death penalty,” said Carter.
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Melissa Swiontek, Jada’s mother, said she supports the death penalty. “If that’s the court’s decision, I’m not going to oppose it.”
Swiontek left her daughter with Castillo on June 8, when she went on a trip out of town. She said of her cousin and Tkachik, “They’re not even human…if they can do that to my Jada.”
According to Lake County Deputy Chief Public Defender David Olson, whose office will be defending Castillo, a death penalty charge will affect his office financially.
He said he would have to request additional funds from taxpayers because the death penalty usually costs hundreds of thousands of dollars in additional legal fees.
On Monday, Tkachik said he may hire his own private attorney.
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