Jury sentences Lubbock man to 60 years for severely burning toddler

Prosecutor Laura Beth Fossett told jurors on Friday that the little girl whose pictures they've seen throughout the week-long trial will forever live with the physical and psychological scars that Ruben Castillo gave her when he held her down for minutes in 158-degree, scalding-hot water, giving her third- and fourth- degree burns to nearly half of her body.

For that, she said, the 34-year-old deserved to spend the rest of his life in prison.

"(The girl's) life will never be what it could have been," she told jurors. "Her life will always be marked by this defendant and the actions that he caused her. We are asking for a life sentence to protect (the girl) and every single child that could possibly come in contact with this defendant."

Castillo faced between five years and life in prison after jurors in the 137th District Court returned after an hour and 40 minutes of deliberation with a verdict on Thursday, finding him guilty of aggravated assault with a deadly weapon causing serious bodily injury to a household member.

Jurors could have recommended to place Castillo, who has no prior felony convictions, on probation.

However, after more than three hours of deliberation on Friday, they determined a 60-year sentence was an appropriate punishment for his actions.

He will have to serve half of his sentence before he is eligible for release on parole, which is the same time frame -- 30 years -- for parole eligibility on a life sentence.

The sentence came after a weeklong trial during which prosecutors presented evidence they believe showed Castillo intentionally held down his girlfriend's toddler, who turns 4 later this month, in a kitchen sink in 158-degree water until she suffered third and fourth-degree burns to 40 percent of her body from her cheek to her hips.

Pictures of the burns and the resulting scars were presented to jurors during the trial.

Meanwhile, his defense attorneys argued that injuries to the girl were accidental.

His charges stem from a Lubbock police investigation that began after officers were called to University Medical Center, where the child was taken by ambulance for severe burns.

Jurors heard testimony that Castillo and the girl's mother first called family members for advice after they saw the girl's skin was peeling off. The girl's mother eventually went to their apartment's front office where workers there called 911.

Castillo, who had been held at the Lubbock County Detention Center since his July 20, 2022 arrest, did not testify but jurors watched his interview with detectives during which he said he left the toddler in the sink for a few seconds and believed she kicked the faucet lever to the hot setting.

However, jurors heard from medical experts who said Castillo's story was inconsistent with the girl's injuries, which they described as submersion or immersion burns.

Dr. John Griswold with the UMC burn center told jurors the burn pattern on the girl's body showed she was submerged in scalding water for several minutes.

He said Castillo's explanation of the girl's burns would have shown splashing injuries as she tried to escape from the sink.

Griswold told jurors the girl's injuries required multiple surgeries for external and internal damage.

He explained to jurors that third- and fourth-degree burns occurs when heat penetrates the skin and destroys fat and muscle.

The injuries caused swelling that put pressure on the child's kidneys and lungs. The burned skin also released toxins into the her blood stream.

Burn patients also lose body fluids, leading to dehydration.

The girl's treatment included skin grafts and decompression surgeries as the swelling on her skin put pressure on her kidneys.

Griswold told jurors that he girl will need laser surgery treatment for the rest of her life and her injuries will also make her susceptible to heatstroke and hypothermia.

"Her skin and the blood vessels within are not going to be normal for the rest of her life," he told jurors. "So when she goes out in the heat, she can easily develop heatstroke ... and she's at more risk for cold-related problems because she can't keep the heat in."

Meanwhile, Dr. Jennifer Hansen, a pediatrician who specializes in child abuse injuries, told jurors a CT scan indicated the girl also had a healing fracture in the back of her skull. She also saw bruises on the girl's face, arms and feet. There were also bruises on the girl's lungs.

She said the bodies of burn patients typically go into shock six to eight hours after a serious burn, and often requires treatment of fluids. However, in the girl's case, she was already showing signs of shock upon admission, requiring more than the standard amount of fluid.

That delay in treatment nearly cost the girl her life, Griswold said.

Medical records showed she was in critical condition for about two months.

"There were times when it was touch and go," he told jurors.

Hansen also came to the same conclusion as Griswold that the girl was submerged in the scalding water.

"There is really no other way you can get that pattern of burn," she said.

In her closing argument, Fossett told jurors the evidence showed that Castillo acted intentionally.

"She had to be held down still in that hot water to cause that serious bodily injury that you saw," she said.

Prosecutor Cassie Graham told jurors that Castillo's actions were tantamount to torture.

"That was several minutes of this defendant, the father figure in that household, holding her down while she screamed," she said.

Defense attorney Chris Wanner argued to jurors that prosecutors failed to prove his client acted intentionally, or even recklessly.

He said the case relied on testimony from experts whose opinions were formed from their experience in past cases and anecdotal studies.

However, he said none of them could produce definitive studies on scalding injuries, which opens the door to reasonable doubt.

"(Castillo) never thought she would reach over and hit that hot water (lever)," he said.

He said to find Castillo guilty they would have to believe he was capable of such a cruel act.

During his closing argument, Wanner played a portion of Castillo's interview with detectives in which they showed him pictures of the girl's burns.

Castillo can be seen appearing upset as he jumped from his seat and covering his mouth.

"That man, who stands up when he sese the pictures of (the child). That man, did this?" Wanner asked. "That man there held (the girl) in hot water while she screamed?"

Fossett told jurors that even Castillo's story that he left the girl in the sink shows his recklessness.

However, she said the evidence was indisputable that his story wasn't true.

"This is not the reckless act that he is describing it to be," she said. "Because his story is not true. While he says it multiple times it is not the truth."

The girl's biological father, who now has full custody of her and her older sister, told jurors he and his daughter travel every three months to a hospital in Galveston where she has laser surgery to help her skin stretch with her as she grows.

"She's doing really good," he said. "(She's) happy."

He said a highlight of the trip is when they go to the beach before her surgery.

However, she can't fully enjoy the experience as the scars on her body limit her movement and it's uncertain if she will ever have the appropriate range of motion to learn to swim in the water she loves so much.

She also has to wear sunscreen even under her clothes because she is vulnerable to ultraviolet light from the sun.

During the punishment phase of the trial, jurors heard about Castillo's prior history with Child Protective Services, who investigated allegations that he was physically abusing his biological daughter.

The case records show that he refused to participate in any of the services to reunite with his children, including participating in a substance abuse program.

Records showed that during that CPS case he never passed a drug test and the court ultimately terminated his parental rights.

Jurors also heard from Lubbock County Detention jailers who told jurors about two episodes during which he was written up for disrespecting officers and not following the rules at the jail.

Castillo's attorney, Troy Nicholson, asked jurors not to let their emotion rule their deliberation.

He told jurors that he understood that probation was an unlikely punishment in this case but asked jurors for a sentence that might allow Castillo to get out of prison and become a productive member of society.

"Seriously consider (Castillo's) age, and consider how those years will affect where he's at (in life)," he said.

Fossett told jurors in her closing argument that Castillo deserved a life sentence for his actions.

She said Castillo plunged the girl into a life of hardship when he held her down in the scalding water.

She said the girl will always be defined by the scars on her body, a constant reminder of what Carol did to her.

"There are scars on her face and her neck that clothes cannot cover up," she said. "(The girl), of course is beautiful, but she's going to have to work to see that in her self."