Commonwealth v. Wilfrido Castillo.
23-P-0841
Mass. App. Ct.Mar 21, 2025Background
- Wilfrido Castillo was convicted in Massachusetts District Court of child enticement (enticement of a child under sixteen) following a jury trial.
- The victim, a 13-year-old girl and friend of Castillo's stepdaughter, alleged Castillo sent her suggestive text messages and touched her thigh while she was at his house.
- The Commonwealth's theory was that Castillo enticed the victim with the intent to commit indecent assault and battery on a child under fourteen, pursuant to G. L. c. 265, § 26C.
- Castillo was acquitted of indecent assault and battery and witness intimidation; the judge dismissed another charge before trial.
- On appeal, Castillo challenged the sufficiency of evidence, jury instructions, verdict slip, admission of evidence, and prosecutorial conduct.
- The Appeals Court vacated Castillo's conviction due to incomplete jury instructions regarding the required intent element of the child enticement charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence | Sufficient evidence that Castillo intended to commit indecent assault on a child under 14 | Castillo did not have intent to commit crime against a person he knew to be under 14 | Sufficient evidence existed for jury to find requisite intent |
| Jury Instructions | Instructions were adequately given | Instructions failed to inform jury that intent had to be directed to child under 14 | Error: Instructions omitted a required element—conviction vacated |
| Verdict Slip | Reflected statute title and thus adequate | Omitted key element (intent towards under-14 child) | No error; slip correctly reflected charge title |
| Evidence & Prosecutorial Conduct | Proper admission and conduct in context | Duplicative testimony; misconduct in argument | Most claims not error; any errors did not create risk of miscarriage |
Key Cases Cited
- Commonwealth v. Latimore, 378 Mass. 671 (standard for reviewing criminal sufficiency of the evidence)
- Commonwealth v. Filopoulos, 451 Mass. 234 (instructions must inform jury that intent in child enticement must be directed to a person under 14)
- Commonwealth v. Lao, 443 Mass. 770 (jury determines weight and credibility of evidence)
- Commonwealth v. Disler, 451 Mass. 216 (intent may be inferred from circumstances)
- Commonwealth v. Aviles, 461 Mass. 60 (first complaint doctrine in sexual assault cases)
- Commonwealth v. King, 445 Mass. 217 (purpose of first complaint testimony)