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August 20, 2009

Deliberations begin in school shooting trial

Posted: 09:14 PM ET

HILLSBOROUGH, North Carolina–Jurors in Hillsborough, North Carolina will resume deliberations Friday morning in the murder and assault trial of Alvaro Castillo. Castillo, now 21, is charged with shooting his father, Rafael, 65, several times in the head then driving to his former high school and opening fire on students, injuring two.

Alvaro Castillo

On Thursday, the jury of six men and six women heard more than four hours of closing arguments from the attorneys. At the end of the day, jurors deliberated for half an hour before being sent home. The jury foreperson is a man who used to work in a state crime lab.

Closing arguments focused on Castillo’s state of mind on August 30, 2006, the day of the shootings. Castillo, then 18, was mentally ill and had been treated for depression since a suicide attempt four months earlier. He admits that he committed the acts he’s charged with but says he should not be held criminally responsible. At trial, critical evidence introduced by the prosecution included eight hours of videos he recorded between April and August 2006 and his diary from 2006, all of which gave mental health professionals unique insight into Castillo’s thought processes and mental disorders.

District Attorney Jim Woodall told jurors that there is no dispute Castillo suffers from mental illness but that he was still capable of carefully planning to kill his father and high school students and that he knew it was wrong. Woodall also conceded that Rafael Castillo may have been a rigid and controlling husband and father. He suggested, however, that Castillo’s mental illness and his father’s abuse were “greatly overblown” by the defense at trial.

Public Defender James Williams told jurors that this case is a tragedy for all and that it will only be compounded if Castillo is convicted of first degree murder despite proof of his mental illness. Williams described Castillo’s delusional belief that God wanted him to “sacrifice” his father and students at his former high school. While Castillo knew it was illegal, he believed it was the right thing to do.

In a rebuttal closing, Woodall emphasized the furtive steps Castillo took to hide his plans. He denied having suicidal and homicidal thoughts when asked by his treatment providers. Yet, simultaneously, he was buying guns and amassing ammunition. He was recording videos and writing in his diary about the plan he named “Operation Columbine.” There are several references in the videos and diary to remorse for what he was about to do. That, said Woodall, is proof that he knew it was wrong.

Friday will be the first full day of deliberations.

–Beth Karas, In Session correspondent

Filed under: Uncategorized


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Beth Erickson   August 20th, 2009 10:28 pm ET

My husband and I have been watching this case glued to the TV. My husband is a retired Mental Health Director and the testimony has been fastenating to say the least! The way we treat our mentally ill is so sad! The Public Defender Williams is great! He needs his own show on TruTv. God bless you CNN and TruTV for all the coverage.

Beth Karas, you are a very dedicated woman – decicated to the truth. Traveling all over the country to bring us such interesting and informative cases. There aren't many of you around! God bless you!!! Beth Erickson

Patricia Lewin   August 20th, 2009 11:48 pm ET

Beth,

Love your insightful analysis of the trial. My question is why would the state of North Carolina even want to bring this to tiral? It's obvious that
Castillo was insane at the time these crimes took place. What a waste of government money. The only reason I can think of to bring this to trial is the District Attorney has higher asperations than bein a DA. If Castillo is sent to prison, what kind og mental health care will he get? I personnally think that he won't get any mental health care and will probably end up killing himself. Hope the DA can live with that.

L Vannucci   August 21st, 2009 2:18 am ET

I have several diagnosed "mental illnesses" but I do not go around killing people. This is a BS defense. If I were to commit a crime, I would be accountable. He obviously was "sane" enough to plan to go kill other people after his father.

casey   August 21st, 2009 3:41 am ET

these lawyers are not very smart. there is no way they are going to get a legally insane followup. they should have gone for a 2nd degree/3rd degree or show it as a revenge since he was abused his whole life.

sara   August 21st, 2009 6:56 am ET

that is such crap to continue this trial.
he made a video and diary stateing remorse for what he was about to do? isnt' that enough evidence that what he did was not a mental issue but a hateful and on purpose act?
I don't understand why have these trials' even take place. half of them are even trial worthy.
i say read the verdict GUILTY,GUILTY,GUILTY!!!!!!
let him spend the rest of his miserable life behind bars with no parole.
also,Casey Anthony, now there's a worthy trial,NOT!!!!!
i say there punishment should be treat them as they treated others.
do unto them as they did unto others.

R in Maine   August 21st, 2009 7:33 am ET

We need to get used to the idea that when a person kills or attempts to kill another person, the courts have to get on with trial and punishment of that person. None of this crap that the murderer had a tough childhood and deserves the right to kill a few people. The state needs to either lock up that person forever or go ahead and kill him. Remorse? Screw him. I do not care if he was "mentally ill."

LauraJ   August 21st, 2009 9:39 am ET

Try to watch a documentary on HBO called"Boy Interrupted" It reminded me of Alvaro & his family.This has been some case. peace

Marc Thompson   August 21st, 2009 10:15 am ET

Interesting case. The defense and prosecution both saying that the accused is mentally unstable but the question is whether or not he is criminally insane. The difference is great and difficult to prove. But does this also show one of the only times where the defense shoulders the burden of proof, and not the state (prosecution). Interesting stuff.

Coco   August 21st, 2009 12:24 pm ET

How can Ashleigh Banfield say that the defendant had an irresistable impulse? He planned it for months, it wasn't impulsive.
When he was at the school, he dropped his gun when approached by officers. He certainly would not have shot his father if a policeman was there. I've been a nurse for 20 years and had lots of contact with mentally ill patients, and Alvaro is most definitely not psychotic. He has a personality disorder, depression and probably OCD or ADD, but mostly what he has is rage...what is called an angry depressive, much like one of the Columbine killers. His suicidal impulse thwarted, he turned his anger outward. That is what I see in his videos...not insanity, but rage.

By the way, I have been right so far on every prediction I've made on jury decisions, and I predict guilty on most, but not all counts...guilty on the murder of his father and the weapons charges, maybe not guilty on intent to kill at the school. That was just a fantasy.

Jayna Phillips   August 21st, 2009 12:34 pm ET

I've watched this trial every day and find the case so sad and disturbing. I agree that Alvaro is mentally ill, in fact his entire family is unstable. This is the only excuse I can accept for their role in Alvaro's actions. However I think it's clear that Alvaro knew right from wrong both legally and morally. I found his video's and journals immature,impulsive and almost like an unruly child who has an overactive fantasy life and acts out. He never really wanted to kill himself and I believe he killed his father to prove to himself and his mother that he wasn't a coward and he could get rid of mean old dad who would no longer tell him what to do. I also think the so called experts are a dime a dozen and they frequently give differing opinions. I am on the fence about his possible sentences. On one hand he would probably get more intensive care in a psychiatric hospital. On the other hand I don't think he should ever be able to get out and live with his family ever again. Not a healthy environment! No matter the verdict,in this case I don't think anyone wins.

Matt   August 21st, 2009 1:24 pm ET

I believe although the defense has to meet a burden of proof that Castillo had been insane at the time he killed his father, the state must also prove that he did appreciate the nature of his crimes to a certain extent. Both the state and the defense both have a strong burden to meet when it comes to this matter. Although Castillo had been diagnosed with several mental illnesses even before this crime had been commited, it cannot be recognized by a court of law if the defendant had formed intent and knew right from wrong. Atkins v. Virginia is only an example of what was established by the supreme court that the extent of being menatlly retarted does not hinder neither intent or knowing right from wrong.

Matt   August 21st, 2009 1:36 pm ET

Having been diagnosed with bipolar disorder, I can say that I barely recall the four months during which I had a severe manic episode. From what I do recall, I babbled nearly incoherently and was completely unable to form thoughts for more than two seconds at a time.

To say that this man is criminally insane, given the incontrovertible evidence of some level of planning in his videos, is ridiculous. I couldn't plan anything as little as five seconds in the future when I was ill, let alone weeks or months ahead. He is clearly mentally ill, but the defense case doesn't come anywhere close to satisfying me that he didn't know right from wrong.

Nick Parrott   August 21st, 2009 1:40 pm ET

He is not crazy, has a few crews loose but we all do! He is a sociopathas I understand what I learned in class in college. He has no moral code he lives by . Typical of a segment of the population who blame " They" are responsible NOT ME God says Vengence is mine he does not tell people to kill!

Bipolar Veteran   August 21st, 2009 2:01 pm ET

I am bipolar with occasional delusions and I have attempted suicide on several occasions BUT I have never had it in my head at any time to kill other people, much less one of my own parents. Many people have had one or more parents who are physically and mentally abusive. While that may cause extreme bitterness in one’s life, it does not allow an EXCUSE or REASON for murder. There are many ways to prove if someone knows right from wrong. He made the “wrong” choice knowingly. He knew what he was up to when he went to the sporting goods stores with money and purchased his weapons he needed to do the job he had planned. Just the fact that he does everything else “right” shows he knows the difference.

Many McNeil   August 21st, 2009 2:19 pm ET

I find this obssesion with insanity annoying. I believe that most people have an expectation that the "system" will protect them and their loved ones. I am sure that the parents and the victims that were injured in school would agree that this guy needs to be put away for life. I really don't care where, but there needs to be safeguards in place so that he doesn't escape and victimize anyone else.

Sue   August 21st, 2009 2:19 pm ET

As a previous mental health counselor, I find that it is not the "defence" or "prosecution" nor the "defendent" that should have a burden of proof regarding the Castillo case. But rather the legal system, why is there not a verdict that reads Guilty but "Seriously Mentally ill" , which in turn would incarcerate the defendent in a part of the prison reserved for such offenders. There are many SMI's but few truely "insane" people. Insanity can be a temporary condition, whereas SMI is a lifelong diagnosis. A mentally ill person will have a difficult time surviving in a prison, and an even more difficult time out in society.
Please tell those who can make the changes in the law to look at this distinction. Thank you for the fabulous work you do.
I think all Lawyers would benefit from taking a few Psychology courses, at least one in what mental illness is and how it affects a person.

Yohahn80229   August 21st, 2009 2:24 pm ET

Castillo may in fact be a nut-ball. However, he is a nut-ball who planned his actions.

He is a nut-ball who carried out his plan in a cold an calculating way.

He is a nut-ball who knew right from wrong and knew the consequences of his actions.

He is a nut-ball who planned to also kill his mother and his sister, yet they testified on his behalf.

He is a nut-ball who deserves not only to go to prison for the rest of his life but he is a nut-ball who deserves the death penalty.

Joyce Huffman   August 21st, 2009 3:09 pm ET

Hi Beth,
Thanks for such a complete and understandable commentary on the first day of deliberations in the Castillo murder. It is a very complicated case for sure, but I hope that there will be a verdict and not a hung jury. Mr. Castillo is certainly a sick man, but I believe he is responsible for the premeditated murder of his father. The judge and the attorneys did a great job. I will be reading and watching as this unfolds. Once again thanks for such a great job. Enjoy your week-end and try to get some much needed rest.

Joyce Huffman

just saying   August 21st, 2009 3:28 pm ET

Again, I say, he was tormented to the point of losing his mind.

Either way, the father is responsible for his own death.

Susan B. North Dakota   August 21st, 2009 3:46 pm ET

The is a revenge killing for all the abuse his father dealt him and his family. His mom called in a "coward", shame on her, she encouraged this killing by those words, now is he a "coward" to his mom? Planned and executed by a very smart and manipulative individual. Guilty of first degree premeditated murder and terroism. He is an insult to all with mental illness because they don't plan and execute murders.

Natasha   August 21st, 2009 4:15 pm ET

I am 22 and I have recently been diagnosed with a couple mental illnesses and I was hospitalized for a few weeks. Castillo's actions were planned and in his videos, he keeps apologizing. When I was admitted to the hospital, I wasn't in a sane state of mind. And there was no I could of planned something as big as what he did . He planned it all. It was all premeditated. Just because you grow up in an abusive household, that doesn't give you the right to kill your own father. My father physically and verbally abused me and my grand father sexually abused me, and I never killed any of them. Mental illnesses are very serious and he is an absolutel disgrace to everybody who has a mental illness. I hope he is found GUILTY. He deserves to be in jail for the rest of his life without parole. Castillo has really hit a nerve with me, and I just hope that he is found GUILTY.

MyBlako   August 21st, 2009 4:30 pm ET

This young man has already been in a "prison" all his life. He really needs help and not prison. This situation is so much like the "battered wife" syndrome. A person can only take so much. Bearing down and beating down on someone constantly "can" break you down "mentally". I think the term insanity should cover a "much broader spectrum" than is recognized in our society. Certainly, a crime of passion does not fit this criteria, but this young man has had serious problems and needs some serious help. Whichever way the verdict goes, he is still a human being – another damaged young person in our society.

Bree   August 21st, 2009 4:36 pm ET

Castillo knew it was illegal and yet he still did it. I do not believe he was suffering from insanity at the time of the murder because he did his research on Columbine High School. He did almost exactly the same thing.

Erik Martin   August 21st, 2009 4:43 pm ET

Jury is back: Guilty.

I think they made the wrong decision. This was not a revenge killing. He killed his father for the same reason he planned to kill as many children as possible at Orange High School and originally planned to kill his Mother and sisters; that reason is based on his delusional beliefs.

Erik Martin   August 21st, 2009 4:49 pm ET

"Castillo may in fact be a nut-ball. However, he is a nut-ball who planned his actions."

People don't seem to understand that planning the actions has no bearing at all on his sanity or insanity by the legal definition. That would pertain more to a "diminished capacity" defense, which he is not making.

The question comes down to whether or not he thought that his plans were the "right" as opposed to "wrong", and whether or not he thought that because of his mental illness. I think the evidence clearly says that the answer is yes.

That said, I have no personal qualms for putting him to death purely on the basis of his actions. But that's not what the law says. If I were king, I might have him executed, but according to the law and the facts he should have been found not guilty by reason of insanity.

Erik Martin   August 21st, 2009 4:59 pm ET

"Again, I say, he was tormented to the point of losing his mind. Either way, the father is responsible for his own death."

There are probably millions of people who have suffered a similar degree of bad parenting, yet managed not to kill their parents. Alvaro's father's greatest contribution to his own death was probably in passing on his genetic predisposition to mental illness. The abuse definitely made the mental illness worse, but it didn't cause the mental illness.

Erik Martin   August 21st, 2009 5:25 pm ET

The prosecution has no burden to prove the accused is sane. Everyone is presumed sane. The defense has the burden to prove he is insane "to the satisfaction of" the jury. I think there were several matters of "bad luck" for the accused that lead the jury to make the wrong decision. (He probably would have been locked up for the rest of his life either way, but now he will never receive the care he needs.) 1) The only person he actually succeeded in killing was someone who had abused him, giving the false impression that that abuse was the cause of the killing. 2) A reporter happened to ask him "what did your father do", on the presumption that he killed his father out of revenge for something, to which Alvaro responded with what he did. That again gave the false (IMO) impression that "what his father did" was the reason why he killed him. That one thing happened to be caught on camera. Everything else he said during and around his arrest came from him instead of being a response to a question, and had to do with sacrifice and reminding people of columbine, which were (IMO) his actual, and clearly delusional, motivators.

Bud from Dago   August 21st, 2009 8:46 pm ET

Ah, but how do you respond to the word "intent?" And all of you would howl your heads off if someone made an arbitrary decision of what to do with him and he not get his "day in court." Twelve someones will decide, on the facts of the case, alone. Time to turn your arm chairs around.

John B   August 22nd, 2009 8:34 am ET

Thank God for the the Justice System, This guy Castillo belongs behind bars for the rest his of his life.
I believe he premeditated every act and he brought this horror to himself and all the innocent victims.
I am happy and pleased too see this so called speciman of mankind brought to justice!!

ed   August 22nd, 2009 2:15 pm ET

the young man needs alot of help but he won't get it in prison!

Cheryl Taylor   August 22nd, 2009 4:14 pm ET

I am saddened by the verdict in this case. This man is truly mentally ill. I only hope and pray that he gets the help he needs in prison. I do believe if he had been found not guilty by reason of insanity, he would never have been released and would have spent the rest of his life getting the help he needs.

Susan in NC   August 24th, 2009 8:31 am ET

This was a just verdict, plain & simple. The guy may have had mental problems; however, he was calculating in the planning of his crimes. I thought his mother should be held accountable for her participation in his father's death and the high school shooting ... she took him to Colombine, she didn't find it necessary to intercede when she discovered him sleeping with his weapons and her comments to him (regarding his father) were words of encouragement.

may   August 24th, 2009 11:30 am ET

this guilty verdict is very upsetting,it's plain too see that poor kid should have been commited to mental health facility! too get the help needs,i hope he gets a new trial!

matt   August 24th, 2009 4:11 pm ET

im glad he was found guilty. i wouldnt want the basketcase to be near me. he belongs in prison. just 1 more basketcase off the streets

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