Double jeopardy: Judge takes 33 years off Maradiaga sentence

Sep. 27—GOSHEN — An Elkhart man convicted of beating his stepson to death was resentenced in Elkhart County Circuit Court Wednesday. Christian Maradiaga, 20, was resentenced to 67 years, down from the original 100-year sentence after a court of appeals determined double jeopardy among two of the three separate counts. Maradiaga claimed that his stepson Romeo Pineda Duran, 4, fell in the shower and hit his head, later dying of his injuries at the hospital on June 9, 2021, but medical examiners and witnesses said that's not what happened. Prosecuting attorney Don Pitzer went so far as to call it perjury during the first sentencing hearing. Elkhart County Circuit Court Judge Michael Christofeno during the first sentencing listed injuries that Romeo received during the moments leading up to his death. "Romeo suffered a subdural hemorrhage — bleeding in other words — a subarachnoid hemorrhage in his brain — again bleeding — blood around the optic nerve, diffuse brain swelling, and brain shifting in his skull — Romeo was beaten to death by you, sir," Christofeno said. "He suffered a seizure before his death from the injuries. He was non-responsive. He was unable to breathe ... I find that your acts amount to torture of Romeo until he finally died." The advisory sentence of 55 years for murder was enhanced for aggravating circumstances by 10 years for a total sentence of 65 years. For neglect of a dependent resulting in death, Maradiaga was sentenced to the advisory sentence of 30 years, enhanced by five years for a total of 35 years. The sentences were to be served consecutively, making a total of 100 years, with a third count of interference with reporting of a crime being served concurrently for one year. On Wednesday, Maradiaga returned to the court with an appellate court decision indicating that the charge of neglect resulting in death was a double jeopardy with the murder charge. An appellate brief from the Indiana Court of Appeals reads, "Maradiaga's convictions for both Murder and Neglect of a Dependent Resulting in Death do, in fact, violate Indiana's double jeopardy analysis under Wadel v. State, 151 N.E.3d 227 (Ind. 2020). The same evidence used to convict Maradiaga of Murder, where the State alleged R.P.D. was forced to 'languish and die' in its charging information, is the same evidence used to show that R.P.D. 'languished and died' for purposes of Neglect Resulting in Death. Based on the wording in the State's charging information, the State charged in the alternative between Counts I and II. Therefore, Maradiaga cannot be convicted of both." The court changed the charge of the neglect of a dependent resulting in neglect, a Level 1 felony, to neglect of a dependent, a Level 6 felony, altering the maximum possible number of years and removing the double jeopardy as Maradiaga would no longer be charged two separate times for the death of Romeo. Maradiaga was sentenced to one year for Count 2 neglect, a Level 6 felony, enhanced to by one year for aggravating circumstances for a total of two years, to run concurrently with Count 3, interference with the reporting of a crime, a Class A misdemeanor, which Maradiaga was sentenced to one year. Count 1 murder, a felony, retained the original sentence of 65 years. Count 2 will also run consecutively to the murder sentence, for a total of 67 years. During the second sentencing, Maradiaga did not offer comment. "Nothing I say is going to change nothing," he said in the first sentencing. "I'm not denying what the prosecutor is saying with the sentencing. ... I know what happened is something that will not leave the hearts of no one, especially the victim's parents. Like I said when I was on the stand, I don't want my freedom. I don't want nothing close to that. What I want is for the truth to be laid out, that Romeo wasn't murdered." The appellate court also deemed that the conviction was too harsh as a whole. "Finally, and again, in the alternative, despite the State's contention to the contrary, the trial Court's sentence of 100 years to a 20-year-old with minimal criminal history is inappropriate and should be reduced," the appellate court wrote. Maradiaga was arrested June 10, 2021, at an apartment in the 2800 block of Toledo Road as police investigated a case of alleged abuse. Investigators had initially responded to a report where the 4-year-old had been hospitalized from a beating. The child died from his injuries the next day, according to the Elkhart County Prosecutor's Office. Injuries to the young boy's body, specialists told the court during a jury trial in September, show that Pineda Duran was beaten so severely that he became brain-dead. Two other factors used in the determination of the original sentencing were that Maradiaga's son, Romeo's brother, was also present at the home during the incident, and Maradiaga did not immediately take the child to the hospital, but rather a friend contacted Pineda Duran's mother Karen Duran and ultimately got the child medical care, and that Maradiaga himself didn't go to the hospital. Injuries to the young boy's body, specialists told the court during a jury trial in September, show that Pineda Duran was beaten so severely that he became brain-dead. When asked, Maradiaga did notify the court of intent to appeal a second time per Rule 11 Rights. The court appointed appellate defense attorney Mark D. Altenhof, who handled the first appeal to the case.

GOSHEN — An Elkhart man convicted of beating his stepson to death was resentenced in Elkhart County Circuit Court Wednesday.

Christian Maradiaga, 20, was resentenced to 67 years, down from the original 100-year sentence after a court of appeals determined double jeopardy among two of the three separate counts.

Maradiaga claimed that his stepson Romeo Pineda Duran, 4, fell in the shower and hit his head, later dying of his injuries at the hospital on June 9, 2021, but medical examiners and witnesses said that's not what happened. Prosecuting attorney Don Pitzer went so far as to call it perjury during the first sentencing hearing.

Elkhart County Circuit Court Judge Michael Christofeno during the first sentencing listed injuries that Romeo received during the moments leading up to his death.

"Romeo suffered a subdural hemorrhage — bleeding in other words — a subarachnoid hemorrhage in his brain — again bleeding — blood around the optic nerve, diffuse brain swelling, and brain shifting in his skull — Romeo was beaten to death by you, sir," Christofeno said. "He suffered a seizure before his death from the injuries. He was non-responsive. He was unable to breathe ... I find that your acts amount to torture of Romeo until he finally died."

The advisory sentence of 55 years for murder was enhanced for aggravating circumstances by 10 years for a total sentence of 65 years. For neglect of a dependent resulting in death, Maradiaga was sentenced to the advisory sentence of 30 years, enhanced by five years for a total of 35 years. The sentences were to be served consecutively, making a total of 100 years, with a third count of interference with reporting of a crime being served concurrently for one year.

On Wednesday, Maradiaga returned to the court with an appellate court decision indicating that the charge of neglect resulting in death was a double jeopardy with the murder charge.

An appellate brief from the Indiana Court of Appeals reads, "Maradiaga's convictions for both Murder and Neglect of a Dependent Resulting in Death do, in fact, violate Indiana's double jeopardy analysis under Wadel v. State, 151 N.E.3d 227 (Ind. 2020). The same evidence used to convict Maradiaga of Murder, where the State alleged R.P.D. was forced to 'languish and die' in its charging information, is the same evidence used to show that R.P.D. 'languished and died' for purposes of Neglect Resulting in Death. Based on the wording in the State's charging information, the State charged in the alternative between Counts I and II. Therefore, Maradiaga cannot be convicted of both."

The court changed the charge of the neglect of a dependent resulting in neglect, a Level 1 felony, to neglect of a dependent, a Level 6 felony, altering the maximum possible number of years and removing the double jeopardy as Maradiaga would no longer be charged two separate times for the death of Romeo.

Maradiaga was sentenced to one year for Count 2 neglect, a Level 6 felony, enhanced to by one year for aggravating circumstances for a total of two years, to run concurrently with Count 3, interference with the reporting of a crime, a Class A misdemeanor, which Maradiaga was sentenced to one year.

Count 1 murder, a felony, retained the original sentence of 65 years. Count 2 will also run consecutively to the murder sentence, for a total of 67 years.

During the second sentencing, Maradiaga did not offer comment.

"Nothing I say is going to change nothing," he said in the first sentencing. "I'm not denying what the prosecutor is saying with the sentencing. ... I know what happened is something that will not leave the hearts of no one, especially the victim's parents. Like I said when I was on the stand, I don't want my freedom. I don't want nothing close to that. What I want is for the truth to be laid out, that Romeo wasn't murdered."

The appellate court also deemed that the conviction was too harsh as a whole.

"Finally, and again, in the alternative, despite the State's contention to the contrary, the trial Court's sentence of 100 years to a 20-year-old with minimal criminal history is inappropriate and should be reduced," the appellate court wrote.

Maradiaga was arrested June 10, 2021, at an apartment in the 2800 block of Toledo Road as police investigated a case of alleged abuse. Investigators had initially responded to a report where the 4-year-old had been hospitalized from a beating. The child died from his injuries the next day, according to the Elkhart County Prosecutor's Office.

Injuries to the young boy's body, specialists told the court during a jury trial in September, show that Pineda Duran was beaten so severely that he became brain-dead.

Two other factors used in the determination of the original sentencing were that Maradiaga's son, Romeo's brother, was also present at the home during the incident, and Maradiaga did not immediately take the child to the hospital, but rather a friend contacted Pineda Duran's mother Karen Duran and ultimately got the child medical care, and that Maradiaga himself didn't go to the hospital. Injuries to the young boy's body, specialists told the court during a jury trial in September, show that Pineda Duran was beaten so severely that he became brain-dead.

When asked, Maradiaga did notify the court of intent to appeal a second time per Rule 11 Rights. The court appointed appellate defense attorney Mark D. Altenhof, who handled the first appeal to the case.

Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.

Dani Messick is the education and entertainment reporter for The Goshen News. She can be reached at dani.messick@goshennews.com or at 574-538-2065.