Thread: Judge finds Castillo-Alvarez guilty, guilty, guilty

It took 9 years to bring Castillo-Alvarez to trial--he fled to Mexico.

Judge finds Castillo-Alvarez guilty, guilty, guilty
2:25 PM

Guilty. Guilty. And guilty.

Those were Judge Don E. Courtney's three verdicts announced today in the September bench trial of Humberto Castillo-Alvarez, 32, of Mexico.

The verdicts came on three charges -- second dergree murder, second degree kidnapping and conspiracy to commit a forcable felony -- all related to the 1997 slaying of Gregory "Sky" Erickson, 15, of Estherville, Iowa. His body was found in an abandoned farmhouse in Jackson County, Minn., just north of the Iowa border. He had been beaten and shot in the head execution style.

The trial took place over 2 1/2 days in September, with the direction that prosecutor Charles Thoman and defense attorney Michael Williams would make their closing arguments in writing.

Using information from witnesses in the previous trials, Thoman alleged that Castillo-Alvarez was the "head of a conspiracy operating out of Estherville (Iowa) to distribute illegal drugs for profit, principally marijuana and cocaine."

The defendant was extradited to Iowa from Houston in 2006 after being returned to the United States from Mexico. He had been charged two years earlier in connection with Erickson's death.

Sentencing for Castillo-Alvarez is set for March 4.

Castillo-Alvarez could serve the next 85 years in prison unless Courtney orders that the sentences run concurrently.

Read the complete story in Saturday's Sioux City Journal.

http://www.siouxcityjournal.com/article ... 700542.txt

It takes a long time to bring the past up to the present.
Franklin D. Roosevelt

Castillo-Alvarez guilty in killing
By Russ Oechslin Journal correspondent


EMMETSBURG, Iowa -- Judge Don E. Courtney found Juan Humberto Castillo-Alvarez guilty of all three charges filed against him related to the slaying of 15-year-old Gregory "Sky" Erickson in June 1997 in Jackson County, Minn.

EMMETSBURG, Iowa -- Judge Don E. Courtney found Juan Humberto Castillo-Alvarez guilty of all three charges filed against him related to the slaying of 15-year-old Gregory "Sky" Erickson in June 1997 in Jackson County, Minn.

Courtney announced his verdicts in open court here Friday afternoon. Sentencing will be imposed March 4 in Clay County District Court in Spencer.

Castillo-Alvarez, 32, faces up to 85-years in prison on the three charges -- second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony -- if the sentences run consecutively, rather than concurrently.

The minimum time he will serve is 35 years as second-degree murder carries a 50-year sentence and the requirement that 70 percent of the time actually be served. The kidnapping charge carries a 25-year term. Both are Class B felonies. A 10-year sentence is mandated on the conspiracy charge, which is a Class C felony. There is no provision for parole on the conspiracy charge.

After the hearing, Mike Zenor, who was Clay County attorney in 1997, said the verdict was "a relief. I thought this would be the verdict, based on what I knew of the evidence. Nevertheless, it's gratifying to see the actual verdict."

While Zenor said he had no opinion on what the judge would do with the sentences, he admitted that "if I were handling the case I think I'd ask for consecutive sentences."

The initial kidnapping took place in Spencer, in Clay County. where Sheriff Randy Krukow explained late Friday that Mexico would not extradite Castillo-Alvarez for any offense that would have meant a death sentence or life imprisonment.

"But there's nothing in the agreement that I'm aware of that would not allow the sentences to run consecutively," the sheriff noted.

When he's done serving his term, Krukow says Castillo-Alvarez will be returned to Mexico "if he lives that long. Even if he was found not guilty, he would have been returned to Mexico."

"It was because of the extradition agreement that Castillo-Alvarez was charged with second-degree murder, instead of first," Zenor added.

"FBI agent Bob Birnie from Sioux City (who is now retired) really deserves a lot of the credit for the extradition," the former county attorney explained. "He was the one with the boots on the ground so-to-speak as far as accomplishing the extradition. He was responsible for making it happen."

Birnie would say only that "justice has been served."

Castillo-Alvarez' three-day bench trial was held in Clay County last September and Courtney directed the prosecutor and defense attorney to make written closing arguments. The defendant had been extradited to Iowa from Houston in 2006 after being returned to the United States from Mexico. The charges against him were filed in 2004.

Castillo-Alvarez has the distinction of being the longest term prisoner in the Clay County Jail, according to Krukow, having served 476 days as of Friday.

"Sky" Erickson's father, Greg Erickson, and grandfather, Marv Erickson, were present for the sentencing as were some of Castillo-Alvarez' friends and family who declined to identify themselves or offer any statements on the verdicts.

Sky's father said he had "been waiting a long time for the guilty verdicts and I'm glad it's ending with a bang. I hope the judge will make the sentences consecutive, not concurrent."

The sheriff echoed Erickson's comments, noting that "the trial was a long time in coming, but an especially long time for the family."

Before the verdicts were announced, Sky's grandfather explained that he "couldn't see the judge could find any other way. That jailhouse confession kinda set him up for being guilty of the whole thing."

Courtney made note of that testimony in his findings. "While the defendant was incarcerated in the Clay County Jail pending trial, he met Gabriel Utrera Cedillo.

"While he was incarcerated with the defendant, he had conversations with the defendant. The defendant told Cedillo that approximately 10 years previous he had fronted him drugs, the day of payment came and the payment was not made.

"The defendant then told him that he sent Mexican people and American people to bring the American child from Spencer to Estherville and that he had ordered him to be beaten and then killed.
"He further stated that everything went well and he received the weapon, a .38 caliber pistol, back that he had given them to use.

"Witness Cedillo went on to state what the defendant had told him: 'The child was beaten as was ordered; he was killed as was ordered; the weapon was returned."

Although Sheriff Krukow says Castillo-Alvarez was in the United States illegally, the convicted felon was operating a restaurant in Estherville, Iowa, at the time of the murder. It was only after Erickson's slaying that he was linked to drug trafficking in the area.

Others found guilty of involvement in the murder include the actual shooter, Luis Lua, who since receiving a life sentence following his conviction has been detained at a federal prison in Tucson, Ariz.

Also receiving life sentences with Lua, in 1998, were Ramiro Astello, Ryan Wedebrand and Juan Carlos Astello. Tom Mann is serving a 50-year term, Shawn Knakmuhs, 18 years, and Ben Alden, eight years.

Two other defendants, Sarah Kozak, and Aurelio Ortiz, were sentenced in 1999 to prison terms of 5.25 and 18 years, respectively, for their involvement in Erickson's death.

Each convict listed an Estherville address at the time of his or her arrest.

http://www.siouxcityjournal.com/article ... 15058f.txt

"All that is required for evil to triumph is for a few good men to do nothing."
Edmund Burke

Gang Members Served Time Following Erickson Murder



Gang leader Louis Lua

It's been nearly a decade, since the rest of the people charged in Erickson's murder were put on trial. All were members of the gang, Los Crazy Boys.

In all, seven young adults and three juveniles were charged in the kidnapping and murder of 15 year old Gregory "Sky" Erickson. Court documents showed the Estherville, Iowa teen was on the run from drug dealers.

Namely, Gang leader Louis Lua. Convicted of pulling the trigger, he's spending his life behind bars.

As is Ryan Wedebrand. Juan Astello was 17-years-old when a jury convicted him of second degree murder and kidnapping.

Despite several appeals, he's also spending his life behind bars.

His brother, Ramiro Astello, one of the first to beat Erickson, was also sentenced to life in prison.

Another gang member, Thomas Mann, 17 at the time of his trial, plead guilty to a reduced charge of second degree murder. He's spending 50 years behind bars.

23-year-old Shawn Knackmuhs received an 18-year sentence for kidnapping and committing a felony while using a firearm.

Aurelio Ortiz got 18 years in prison for Erickson's kidnapping and killing. The Iowa supreme court ruled his sentence was not stiff enough.

Still, unrelated drug charges have him behind bars for more than 50 years.

In 1998, 19 year old Ben Alden received an eight year sentence for helping kidnap Erickson.

Louis Lua's girlfriend Sarah Kozak, drove the car in Erickson's kidnap. She went to prison for five years.

They were instructed to kidnap and assault a 15 year old, but ended up brutally beating, shooting, and then burning Erickson's body. A decade after, Castillo-Alverez becomes the tenth and final person to serve time for the crime.



Updated: January 25, 2008, 7:09 pm
http://www.ktiv.com/News/index.php?ID=21891

"The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it becomes stronger than their democratic state itself. That, in its essence, is fascism - ownership of government by an individual, by a group, or any controlling private power."
Franklin D. Roosevelt

Castillo-Alvarez may be sentenced today in slaying

By Russ Oechslin Journal correspondent

SPENCER, Iowa -- The fate of Juan Humberto Castillo-Alvarez, who faces up to 85 years in prison following guilty verdicts on three charges in connection with the 1997 slaying of Gregory "Sky" Erickson, could be determined in District Court today.

Hearings are set for 10 a.m. on a motion for a new trial, the state's resistance to the new trial and also the sentencing on the three verdicts, if the new trial motion is denied.

The guilty verdicts against the 32-year-old Castillo-Alvarez were handed down by Judge Don E. Courtney in January, following a three-day bench-trial last September and include verdicts for second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony.

The minimum time Castillo-Alvarez will serve without a new trial is 35 years as second-degree murder carries a 50-year sentence with the requirement that 70-percent of the time, 35 years, actually be served. The kidnapping charge carries a 25-year term. Both are Class B felonies.

A 10-year sentence is mandated on the conspiracy charge. And there is no provision for parole on the conspiracy charge.

Erickson was 15 years old when he was killed allegedly as a result of his involvement in a drug ring run out of Estherville, Iowa.

Others found guilty of involvement in the slaying include the actual shooter, Luis Lua, who since receiving a life sentence has been detained at a federal prison in Tucson, Ariz.

Also receiving life sentences with Lua in 1998 were Ramiro Astello, Ryan Wedebrand and Juan Carlos Astello. Tom Mann is serving a 50-year term; Shawn Knakmuhs, 18 years; and Ben Alden, 8 years.

Two other defendants, Sarah Kozak and Aurelio Ortiz, were sentenced in 1999 to prison terms of 5.25 and 18 years, respectively, for their involvement in Erickson's death.

Each person listed an Estherville address at the time of his or her arrest.

Link

Court won't review dismissal of Castillo-Alvarez conviction
Posted: Jan 22, 2010 7:21 PM PST
KTIV Local News

DES MOINES, Iowa (KTIV) - The Iowa Supreme Court has refused to review the dismissal of the conviction of a man authorities say was the "ringleader" in the drug-related death of a Siouxland teen, 12 years ago.

During a 2007 trial, a judge convicted Juan Humberto Castillo-Alvarez of the murder of 15-year-old Gregory "Sky" Erickson. Castillo-Alvarez was sentenced to up to 80 years in prison, but the Iowa Court of Appeals overturned the conviction, saying the state failed to comply with Castillo-Alvarez' right to a speedy trial.

The trial was delayed after Castillo-Alvarez fled to Mexico to avoid prosecution.

The high court's refusal to review the ruling by the appeals court means Castillo-Alvarez is cleared of his conviction... and, because of the rule of "double jeopardy", he can't be tried for the same crime in Iowa.

However, the Clay County attorney says Castillo-Alvarez isn't a free man. He has an outstanding drug warrant in Emmet County, Iowa... and there's a "hold" on Castillo-Alvarez by immigration agents, who want to know if he's an illegal immigrant.

Plus, prosecutors say they'll push for federal prosecution of Castillo-Alvarez in the Erickson case... and encourage the state of Minnesota to prosecute Castillo-Alvarez because that's where Erickson's body was found.

http://www.ktiv.com/Global/story.asp?S=11868325

Murder victim's mother 'frustrated' with Iowa courts
Posted: Jan 24, 2010 2:24 PM PST


SPENCER, Iowa (KTIV) - A convicted "ringleader" in a drug-related death of a Siouxland teen, won't serve up to 80 years.

Now one of the parents of the victim is speaking out.

During a 2007 trial a judge Convicted Juan Humberto Castillo Alvarez of the murder of 15 year-old Sky Erickson.

The slaying happened over 13 years ago over a drug debt, shortly after that, Castillo Alvarez fled to Mexico, and wasn't caught until just a few years ago.

Now the Iowa Supreme Court of Appeals overturned the conviction saying the state of Iowa failed to comply with Castillo-Alvarez' right to a speedy trial once they captured him.

"It's almost more disgust that first of all the court of appeals ruled the way it did, and then the fact the supreme court denied review," said Sky's mom Joni Ketter.

Both of Erickson's parents waited years for the ring leader to be caught for nearly ten years. Attending trial after trial during that time, of the numerous gang members that took part in their son's murder. When Castillo-Alvarez was caught and then convicted they thought it was behind them, but they were wrong.

"I was shocked to tell you the truth that the Supreme Court could see this as an issue that wasn't important enough for them to review and then the decision and the fact they didn't angered me," said Ketter.

The high courts refusal to review the ruling by the appeals court means Castillo Alvarez is cleared of his conviction and because of the rule of "Double Jeopardy" he cant' be tried for the same crime in Iowa.

"The law isn't always black and white so I'm sure if there is a way for them to hold him accountable for what happened to my son they'll find it," said Ketter.

Ketter says her son Sky didn't get a second chance, and is asking herself why Castillo Alvarez should. She says it's disappointing, but prosecutors aren't giving up.

"I'm very thankful for the law enforcement in Iowa, Minnesota, and at the federal level that they're not letting this go that they're still looking at ways if they can prosecute him they will," said Ketter.

The Clay County Attorney says Castillo-Alvarez isn't a free man.

He has an outstanding drug warrant in Emmet County Iowa, and there's a hold on Castillo Alvarez by immigration agents, who want to know if he's an illegal immigrant.

Prosecutors say they'll push for a federal prosecution in the case.

They'll also encourage the state of Minnesota to prosecute Castillo-Alvarez there because that's where Erickson's body was found.

http://www.ktiv.com/Global/story.asp?S=11872878

Illegal Alien Convict Freed For Not Getting Speedy Trial

Last Updated: Wed, 01/27/2010 - 12:26pm

An illegal immigrant drug dealer who fled to his native Mexico after orchestrating the murder of an Iowa teenager is free because his conviction was overturned by an appellate court that ruled he was denied a speedy trial while he was a fugitive from U.S. justice.

The astounding case dates back more than a decade, when the illegal alien (Juan Humberto Castillo-Alvarez) drug lord ordered the execution-style murder of a 15-year-old northwest Iowa boy over a drug debt. The teen, rumored to be a police informant, was kidnapped and severely beaten before getting shot.

Castillo-Alvarez evaded U.S. authorities for a decade, hiding out in his Mexican hometown until spring of 2008 when he was finally extradited, tried and convicted of kidnapping, conspiracy and second-degree murder. He was subsequently sentenced to five decades in prison for the atrocious crime, which was not his first.

Incredibly, the Iowa Court of Appeals overturned the conviction last September, ruling that the illegal immigrant murderer was not granted a speedy trial guaranteed by the Sixth Amendment to the U.S. Constitution. "The county attorney was well aware that defendant was a citizen of Mexico and that he was located there," the court wrote in its decision. The fact that the defendant went to Mexico in 1997 “does not shed light on why there was delay" between the time trial information was filed and the time he was arrested, the ruling says.

Announcing it would appeal to Iowa’s Supreme Court, the state’s Attorney General countered that the delay was attributable to Castillo’s flight from the United States to avoid prosecution. Furthermore, the Attorney General pointed out, prosecutors had no control over Mexico’s slow extradition process. Throughout the procedure, U.S. officials maintained regular contacts with Mexican authorities but had no jurisdiction to do more to ensure prompt location of the defendant and execution of the outstanding arrest warrant, the Attorney General said.

This week Iowa’s Supreme Court refused to review the overturned conviction, which essentially dismisses the case against the illegal alien murderer. Double jeopardy prohibits Castillo-Alvarez from being retried. The demoralized Clay County prosecutor said: “It is disappointing that the justices in Des Moines don't understand and appreciate the difficulties in pursuing a murderer who flees to his home country of Mexico to avoid prosecution. It is also discouraging that those same justices didn't hold Castillo responsible for his own conduct in fleeing the state to avoid prosecution."

www.judicialwatch.org

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http://www.alipac.us/article-4875--0-0.html