Resentencing continued for Maradiaga

Aug. 30—GOSHEN — An Elkhart man convicted of beating his stepson to death returned to appeal his 100-year sentence to the Elkhart County Circuit Court Wednesday.

Christian Maradiaga, 20, claimed that his stepson Romeo Pineda Duran, 4, fell in the shower and hit his head, later dying of his injuries at the hospital 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 sentencing hearing.

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 will 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.

"You had a duty to care for Romeo because you were the de facto physical custodian of Romeo at the time," Christofeno said. "You breached that duty and trust as related to Romeo."

Now, Maradiaga is back in 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."

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.

The evidence presented at trial indicated that might not be true since his friend who testified told the court he'd admitted to drug usage earlier in the day. Pitzer called Pineda Duran a "bird in a cage," claiming he was "trapped with a drugged out and angry and selfish cat that turned out to be Maradiaga," adding that based on the evidence presented, one could only imagine the fear Pineda Duran was in.

Two other factors he added were that Maradiaga's son 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 didn't go to the hospital.

Christofeno 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."

Maradiaga asserted his innocence in the murder up to the conviction and indicated intent to appeal the sentencing.

"Nothing I say is going to change nothing," he said. "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 court also deemed that the conviction was too harsh.

"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 court wrote.

The sentencing was continued.

Christofeno agreed to continue the resentencing, stating that if they attempted to sentence on Wednesday, it would likely again be appealed as Defense Attorney Mark Altenhof said the defense team wasn't ready. For his part, Maradiaga said he didn't know he had court scheduled for Wednesday but that he woke up and was sent to a video call for court from Miami Correctional Facility.

The sentencing was rescheduled for 1:30 p.m. Sept. 20, pending approval from Miami Correctional Facility.

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.