Castro v. State
295 Ga. 105
| Ga. | 2014Background
- Two-year-old Kailee Parker died on June 25, 2012, from significant repeated blunt trauma to the head and face while in the exclusive care of Eric Castro and Heather Parker.
- Autopsy showed skull fracture across the back of the skull, subdural hemorrhage, brain swelling, and an older separate head injury with prior symptoms.
- In the week before death there were multiple instances and signs of physical abuse; caregivers delayed or refused medical treatment despite worsening condition and visible bruising.
- Kailee was found limp and unresponsive in Castro’s arms; emergency responders pronounced her dead after hospital transport.
- Indictments and trial: Castro and Parker were indicted for malice murder, two counts felony murder, aggravated assault/battery, and cruelty to children. After a joint jury trial Castro was convicted of malice murder and other counts; Parker was convicted of two counts of felony murder (based on cruelty to children) and cruelty counts. Both appealed and the Georgia Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence as to Castro | Castro argued evidence was insufficient to prove he inflicted fatal abuse | State: evidence of repeated recent blows, skull fracture, bruising and timeline proved guilt | Court: Evidence sufficient to support convictions (Jackson standard) |
| Admissibility of autopsy photographs (Castro) | Castro argued photos of skull fracture and hemorrhage were improperly admitted | State: admission not contested at trial or harmless; exhibits relevant | Court: Issue waived for failure to object at trial (Zamora) |
| Sufficiency of evidence as to Parker | Parker argued evidence insufficient to prove her conduct caused or materially contributed to death | State: Parker knew of child’s condition, witnessed abuse, refused hospital care that materially contributed to death | Court: Evidence sufficient; refusal to seek treatment could be proximate cause of death |
| Jury charge on felony murder predicate instructions (Parker) | Parker argued reading multiple felony definitions together could mislead jurors into finding felony murder based on only one predicate | State: trial court repeatedly instructed jurors to consider each offense separately and jurors affirmed understanding | Court: No error; charge read as a whole made separate consideration clear |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- Zamora v. State, 291 Ga. 512 (failure to object at trial waives appellate review of evidentiary admission)
- Chua v. State, 289 Ga. 220 (proximate causation for failure-to-treat felony-murder theory)
- State v. Jackson, 287 Ga. 646 (foreseeable results and proximate causation in criminal liability)
- Johnson v. State, 289 Ga. 650 (jury charge considered as a whole for error review)
- Malcolm v. State, 263 Ga. 369 (vacatur of redundant felony-murder convictions for sentencing)