Thread: Fatal crash sheds light on repeat law violation | James Castner

Fatal crash sheds light on repeat law violation in one southern Indiana county

https://www.wave3.com/2025/03/13/fat...ndiana-county/

Indiana lawmaker looks to address a “gap” in existing law this session

Since 2022, Jackson Co. has processed more than 1,700 cases of 'driving without a license,' of which 20% of offenders have prior convictions on the same charge.

By Alena Noakes

Published: Mar. 13, 2025 at 3:00 PM PDT

HOLTON, Ind. (WAVE) - Brad Castner, 27, of Holton, only ever wanted to live a simple a life.

“He put all his money in 4-wheeler racing,” said Brad’s dad, James Castner. “He didn’t have many girlfriends. He just wanted to put all his money into racing.”

The only place he wanted to be outside of work was a little shop at his home in the backwoods of Holton. Inside, he worked to build and renovate his own 4-wheelers used in competitive racing, a sport he became serious about around 2021.

“He piddled down here and just learned as he went,” James said. “He took a hold of it and jumped up class to class.”

His dedication and talent are still plastered across the walls, but they now serve as a painful memory for his family, nearly a year after his death.

Brad was killed in a head-on collision on March 26, 2024 while on his way to work in Seymour. The driver who hit him fish-tailed on the road before slamming into his car, sending both vehicles into a ditch.

The other driver was 49-year-old Domingo Juan Juan, a native of Guatemala.

“Brad had a license. He was driving the speed limit. We were told he did nothing wrong,” Brad’s sister, Kendra said. “And this person who did so many things wrong is like nothing’s going to be done.”


Juan had two previous cases where he was charged by Seymour police for driving without a license, one in 2021 and one in 2023. The day of the crash marked his third. In the previous two cases, Juan received pre-trial diversion.

Juan was arrested by ICE in February under the Laken Riley Act on the day his case was supposed to go before a judge in a bench trial. ICE confirmed to prosecutors at that time that Juan was an undocumented immigrant.

“We all like to think, ‘This can’t happen to me,‘” Kendra said. “But it absolutely can happen to you.”
Just how much of a possibility is that?

Jackson County, where the crash occurred, has a population of about 44,000 people, according to the latest census. According to court documents, in the past three years, the county has processed more than 1,700 cases of ‘driving without a license.’

An even closer snapshot, the county processed more than 400 of those just in 2024. Comparatively, nearby Harrison County, with a population of about 40,000, processed 19 cases in the same year.

“So what I would really say is that indicates to me, confirms what we believe, we don’t have an accurate count of how many illegal aliens there are, but there are a lot. They all drive,” Jackson County Prosecutor Jeff Chalfant said.

Chalfant emphasized that status only goes so far in the courts. They do not act independently to verify immigration status. Each person walking into the courtroom is treated equally under the law.

“No matter their race, their gender, their sexual orientation, immigration law status. Everyone has to be handled the same,” Chalfant explained.

Taking an overall look at cases between January 2021 and December 2024, less than 1% end in the minimum sentence of 30 days, closely followed by 5% of cases that rise to a sentence of one year. A majority of those also deal with drunk driving, which makes up just under 14% of cases.

Almost 20% of cases end with a 60-day sentence. A relatively small number ends with some other kind of sentence, as low as no time at all, but often as high as 180 days.

A vast majority of sentences are suspended, with defendants going under probation, even if they are repeat offenders on the same charge, who make up 20% of cases.

“These are non-violent crimes. I don’t want to fill my jail up with those people, so we’re going to give them probation,” Chalfant explained.

More than half the time, defendants end up with a pre-trial diversion agreement, which allows charges to be dismissed if a program is completed successfully.

“My office offers pre-trial diversion to first-time offenders on misdemeanors only, no felonies. And usually, it’s just general category would be non-violent offenders,” Chalfant said. “On a second offense, we do not offer pre-trial diversion.”

However, court records show at least 30 repeat offenders in cases from the past three years received pre-trial diversion more than once.

Despite re-offending in 2023, Juan received pre-trial diversion in both cases due to a mistake on identification. Chalfant has previously said this case highlights a larger issue happening in Jackson County.

“Illegal aliens provide police, my office and the courts with multiple last names, they invert their first-last names, or they provide false identities altogether,“ Chalfant said in February. ”This has allowed repeat offenders to appear as first-time offenders.”

However, Juan’s case has faced scrutiny from the community due to the nature of the alleged crime. He was only charged with a misdemeanor, despite the crash ending Brad’s life.

Under state law, Juan could only be charged with a misdemeanor.

A resolve to Juan’s case is on hold in Jackson County after his arrest, but Brad’s family says it is not the end of their fight for justice.

“I hope this doesn’t get turned into a political issue. I feel like it isn’t. It’s what’s right and what’s wrong. You can’t look at it any other way,” Kendra said.

Brad’s family has taken his case to Indianapolis, looking to change the law.

Representative Alex Zimmerman (R-District 67) is working with them through House Bill 1114. The change would enhance the penalty for unlicensed driving from a misdemeanor to a felony if someone is seriously injured or dies, carrying up to six years in prison.

Zimmerman believes the bill goes beyond Brad’s case, filling a long-overlooked gap in the law.
“Driving on our roads is a privilege. It’s not a right,” said Rep. Zimmerman. “And our laws should reflect that if there are accidents of serious bodily injury or death.”

That change is one Brad’s family hopes will prevent anyone else from going through what they are right now.

“I hope he sees and can see what we’re doing is for him,” Kendra said. “There’s not a second that goes by that I don’t think about him.”

In some way, his life will live on in people other than the memory of his friends and family. Brad was an organ donor. His family said he went on to save multiple lives after his death.

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