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| (Photos by Michael Fischer) Juan Humberto Castillo-Alvarez waves to his family before being escorted out of the courtroom by deputies Friday, April 25, at the Clay County Courthouse. Castillo-Alvarez was sentenced to multiple terms in the kidnapping and death of Gregory Sky Erickson on June 6, 1997. |
Juan Humberto Castillo-Alvarez wants the Iowa Supreme Court to take a fresh look at convictions stemming from his involvement in the death of an Estherville teenager 11 years ago.
Judge Don Courtney found the former Estherville restaurant owner guilty of second-degree murder, second-degree kidnapping and conspiracy to commit a forcible felony Jan. 25 at the Palo Alto County Courthouse in Emmetsburg. The guilty verdict came after a trial that spanned parts of three days in September.
The notice of appeal was filed Thursday at the Clay County Courthouse. Copies of the notice were sent to the Iowa Supreme Court Clerk's Office, the Iowa Attorney General's Office and the Clay County Attorney's Office.
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The case was tried in Spencer because that's where a group of gang members, called the Los Crazy Boyz, assaulted and abducted Gregory Sky Erickson, a 15-year-old from Estherville who got caught up in a web of drug use and distribution.
Castillo-Alvarez was the last of 10 people convicted in the June 1997 scheme to end 15-year-old Gregory Sky Erickson's life.
Evidence suggests Castillo-Alvarez used his brother's identity to stay in the country and operate a Mexican restaurant in Estherville. It was also a front for the gang's drug ring. Weapons were hidden above the ceiling tiles. Drugs were stashed in a broken cooler and handed out in food carry-out bags.
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The gang members were unhappy with Erickson about a debt he owed Castillo-Alvarez and his enforcers. Erickson lost about $1,400 in money and marijuana after officers stopped a suspicious vehicle parked near a car in Milford on Dec. 29, 1996.
Two carloads of gang members caught up with Erickson on June 6, 1997. After beating him at a Spencer apartment, they pressured him into returning to Estherville, presumably to see "the man," referring to Castillo-Alvarez.
A jury trial was waived and prosecutors were able to convince Courtney that Castillo-Alvarez saw Erickson, or at least encouraged the violence, on the night of his murder. Erickson was beaten at Fort Defiance State Park near Estherville, then again at a remote location near Superior in Dickinson County.
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| Juan Humberto Castillo-Alvarez was sentenced in the kidnapping and death of Gregory Sky Erickson Friday, April 25, at the Clay County Courthouse. Castillo-Alvarez faces a 50 year sentence, of which 70 percent must be served before he would be eligible for parole. |
From there, five gang members took Erickson to an abandoned farmhouse in Jackson County, Minn. One of Castillo-Alvarez's enforcers, Luis Lua, was convicted of first-degree murder for firing the fatal bullet.
Erickson's body was discovered on June 14, 1997. Castillo-Alvarez, who wasn't present at the farmhouse, fled the country as investigators began to piece together the gang's involvement in the murder.
Federal authorities believe Castillo-Alvarez was in Matamoros, Mexico, during his 10 years as a fugitive. A complicated extradition process came together in October of 2006, when Castillo-Alvarez was returned to Clay County after a court process in Texas.
He received his sentence on April 25. The murder charge carries a 50-year sentence in prison. Castillo-Alvarez, who is 38, must serve at least 35 years of the sentence. He will be 73 years old before parole can be considered.
Courtney allowed him to serve the sentence for murder, the possible 25-year sentence for kidnapping and the 10-year sentence for conspiracy at the same time. The judge had the option to make Castillo-Alvarez complete time on the murder charge before starting the clock on his kidnapping and conspiracy charges.
It's unclear who will represent Castillo-Alvarez in the appeals process. Mike Williams of Sioux City was the public defender who handled the case in Clay County District Court. Courtney allowed him to withdraw from future proceedings on May 6.
"The appellate defender is the appropriate branch of the public defender system to handle indigent appeals," Williams said in his request to withdraw. "The defendant remains indigent and is currently in prison."
Mark C. Smith, a State Appellate Defender, has also asked Courtney to find a different attorney.
"The State Appellate Defender's Office represented codefendants Ryan Wedebrand in his direct appeal and Juan Carlos Astello, in post-conviction, with their Supreme Court appeal," Smith said, in court documents.
Smith, in his request to withdraw as appellate counsel said "it would be in the best interests of the defendant if new appellate counsel was appointed to represent him."




