Las Cruces Man Charged With Child Abuse In April Death

A Las Cruces man has been arrested and charged with intentional child abuse following a months-long investigation into the April 2012 death of a 21-month-old boy.

Dustin M. Castillo, 27, of 1207 Kansas Ave., is charged with one first-degree felony count of intentional child abuse resulting in death. He was arrested Thursday afternoon.

Shortly before 8 p.m. on Friday, April 20, Las Cruces Police were dispatched to the 1200 block of Davis Avenue in reference to an unresponsive child. Officers found Castillo holding a small child later identified as Mariano Hernandez. Castillo told officers that he was home that evening and drove Mariano to a relative’s residence when, along the way, the child began choking on a chewable Jolly Rancher candy.

Hernandez explained to detectives that he patted Mariano’s back and tried to dislodge the candy from the boy’s mouth, but the boy became unresponsive. Castillo and his relative said they attempted CPR on the young child until officers, firefighters and EMS arrived.

Mariano was transported to a Las Cruces hospital and subsequently to University Medical Center of El Paso where he died on Sunday, April 22.

The investigation by Las Cruces Police detectives and medical investigators revealed that Mariano had severe head trauma including bleeding and swelling of the brain, a fracture to the base of his skull, bruising to the top of his head, a lacerated spleen and other injuries that were not consistent with attempts to resuscitate a child. Detectives also determined that Castillo is the only one who had contact with Mariano during the period his injuries were likely inflicted.

Detectives learned that Castillo and Mariano Hernandez are not related but that Castillo was friends with relatives of the child and had been caring for the young boy and his older sister, age 3, for six to seven months. Detectives discovered that the biological parents of the children had relinquished custody of Mariano and his sister.

Castillo was booked into the Dona Ana County Detention Center with a cash-only bond set at $250,000.