Aug. 8, 2008 — Sentencing for Daniel Castillo, convicted of killing a 12-year-old child, was postponed to Aug. 21 by V. I. Superior Court Judge Brenda Hollar.
Hollar took issue with both prosecution and defense motions in a Thursday afternoon sentencing hearing to determine Castillo's fate. She gave the attorneys until Aug. 18 to file amended documents.
In a high-profile case that grabbed the community's attention earlier this year, Castillo had three times confessed to strangling La'Quina Hennis to death. In a June trial, he was found guilty of voluntary manslaughter and child abuse by a jury of 11 women and one man.
The verdict left many members of the community in a state of shock and disbelief.
Castillo was initially charged with first-degree murder, second-degree murder and child abuse in the death of Hennis, a sixth-grade honor student at Lockhart Elementary School.
Hollar said the prosecution had not proven the killing was premeditated, an essential element of a first-degree murder charge. (See "Castillo Guilty of Voluntary Manslaughter.")
Prosecutor Jesse Bethel then said he would move to have Castillo treated as a habitual offender. "The important thing is that he has a prior felony conviction, which could make him a habitual offender," he said. That charge could result in a sentence of 10 years to life without the possibility of parole.
The habitual offender law applies to someone who has been convicted of a felony in the preceding 10 years.
Police records show that in 2004 Castillo was arrested and charged with two counts of first-degree rape, two counts of carry and use of a dangerous weapon, one count of attempted robbery and one count of third-degree assault.
All charges were dismissed except the third-degree assault charge, which is a felony. He was fined $500 and sentenced to two years in jail, with all but 18 months suspended.
He was arrested in 2002 and charged with possession of stolen property and interfering with an officer on duty. He was fined $200 and given five months and 18 days in jail with three months supervised probation.
In March 2007, he was arrested on a domestic-violence charge, but freed on his own recognizance — without bond — by V.I. Superior Court Judge Leon Kendall.
Castillo killed Hennis a month later.
Bethel told the judge that he wanted the habitual offender charge to apply to count one of manslaughter because it would make sure Castillo gets the minimum of at least 10 years. He said later, "Rather than taking a chance, I'd like to have one sentence I'm sure is correct, the minimum of 10 years to life."
Bethel wants to avoid having defense attorney Harold Willocks succeed in merging the counts. Hollar asked Willocks to brief the issue of the merger by Aug. 18, because he had already filed a motion for additional time. She repeatedly asked him how manslaughter, which is a crime of passion, could be merged with child abuse, which only requires the person to be less than 18 years old.
She also questioned information on Castillo's background. In determining that Castillo is indeed the person charged with the former crimes, she noted he has two different social security numbers and two different names.
Beatrice Hennis, La'Quina's mother, sat silently in court Thursday watching the proceedings with government crime victim advocate Leslye Webb, who has been at Hennis' side throughout the proceedings.
Castillo wore street clothes, a light grey jacket over at T-shirt. He exhibited no emotion during the proceedings.
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