*** MEDIA ADVISORY***October 1, 2009ORTIZ SENTENCED FOR MURDER OF HIS 42 DAY OLD SONMedia Contact:  Curtis T. Hill, Jr. - 296-1888  Carlos Tacio Ortiz age 24, of Elkhart was sentenced in the Elkhart Circuit Court on Wednesday, September 30, 2009 to 63 and one half years incarceration in the Indiana Department of Corrections for the murder of his son, Jaylen Ortiz, 42 days old.On December 7, 2006, 911 dispatchers received a call indicating that a child was not breathing at a South Main Street address in Elkhart.  Medics arrived and rushed the 6 week old infant to Elkhart General Hospital where emergency room physicians were able to revive the child; however due to the nature of the injuries that the child had received, the child was transferred to South Bend Memorial Hospital.  Upon further examination, doctors determined that Jaylen had suffered irreparable brain injury and that he would be unable to sustain life.  On 2006, the breathing tube was removed from Jaylen and he died of the injuries sustained on December 7, 2006.The pathology report confirmed that Jaylen was a victim of a homicide having died as a result of a closed head injury resulting in severe hemorrhaging about the brain and eyes.  Due to the extent of injuries reported on Jaylen as of December 7, 2006, the Elkhart Police Department’s Homicide Unit commenced an investigation immediately and shortly thereafter placed under arrest Jaylen’s father, Carlos Tacio Ortiz on suspicion of neglect of a dependant.  Following the death of Jaylen and of the autopsy confirming the extent of his injuries including evidence of impact injury, the Office of the Prosecuting Attorney charged Ortiz with Murder.  On August 8, 2009, two days prior to the start of Ortiz’s trial for Murder, he entered a plea of guilty and admitted to murdering his son in the Elkhart Circuit Court before Judge Shewmaker.  In exchange for Ortiz’s plea of guilty, the state agreed not to seek life imprisonment without parole, limiting the range of penalty to a maximum of 65 years.  Judge Shewmaker accepted Ortiz’s plea to guilty on August 8, and set the matter over for sentencing for September 30, 2009.  During the sentencing hearing on September 30, 2009, defense council for Ortiz called several witnesses including the defendant’s mother, a former teacher/counselor, a former coach and a psychologist hired by the defense.In arguing for a term of 65 years in the Department of Corrections, Prosecuting Attorney, Curtis T. Hill, Jr. pointed out to the court that under Indiana Law, the murder of a child under the age of 12 years is a statutory aggravator which qualifies for significant enhancement of a sentence.  Hill further pointed out that in this particular instance, young Jaylen Ortiz as a 6 week old infant, was 104 times younger than the statutory threshold of 12 years.  Hill further advised the court that at 6’6” and 240 pounds, Carlos Ortiz was aware of the high probability that shaking Jaylen in the manner in which he described, would be likely to produce serious injury or death to an infant so helpless.  Judge Shewmaker noted several mitigating factors in the case including the fact that Ortiz had a limited criminal history with only one prior misdemeanor conviction for possession of marijuana and that he was relatively young at the time the offense occurred.  However, Judge Shewmaker found several aggravating factors including the fact that the child died from shaken baby syndrome, that the child was of a diminished physical and mental capacity due to its age, that the child was under the age of 12 years, and that the defendant held a position of trust over the child that was violated by the defendant’s actions.*  *  *