The Second District Appellate Court upheld on March 30 the conviction and sentence of Carlos Acosta, a former Department of Children and Family Services employee, for his involvement in the April 2019 death of five-year-old A.J. Freund from Crystal Lake. The ruling affirms Acosta’s criminal accountability for failing to act on clear signs of child abuse, marking a first-of-its-kind prosecution in Illinois and the United States.
This case has drawn attention to child protection practices and standards within McHenry County and beyond. The prosecution argued that Acosta failed to follow required protocols after police reported an unexplained bruise on A.J.’s body in December 2018, despite evidence of ongoing abuse, substance issues, and poor living conditions.
During the trial held in fall 2023, State’s Attorney Randi Freese said Acosta returned A.J. to his mother without any safety measures or further investigation. Four months later, A.J. was killed by his mother. On October 13, 2023—one day before what would have been A.J.’s tenth birthday—Acosta was found guilty of endangering the life and health of a child, a Class 3 felony. He received a six-month jail sentence followed by probation until December 2026.
In its decision, the appellate court wrote that Acosta “had a duty to protect A.J. and had sufficient information and authority to take action—indeed, was uniquely positioned to do so—yet knowingly placed A.J. in inherently dangerous circumstances.” The court also stated that prosecutors “proved beyond a reasonable doubt that [Acosta] knew that Joann was likely beating A.J. and certainly neglecting his care.”
“Today’s ruling affirms what the evidence showed from the beginning—that this was an entirely preventable tragedy,” said McHenry County State’s Attorney Randi Freese.
McHenry County schools serve more than 45,000 students with an average student-to-teacher ratio of fourteen-to-one according to state education data. Teacher absenteeism stood at just over thirty-four percent during the most recent school year as reported by state officials. Huntley High School had both the highest enrollment of white students (2,133) according to official figures as well as multiracial students (135) according to state data, while Harvard High School enrolled the most Hispanic students at 574 according to records. Harry D. Jacobs High School recorded eighty-seven Black students enrolled—the highest among county schools as noted by state reports.
The appellate court’s decision may influence future actions regarding accountability among professionals responsible for protecting vulnerable children.
