After Carlos Acosta, DCFS Child Protection Investigator, was convicted of one count of felony child endangerment and sentried to six months in the McHenry County Jail he appealed his conviction.
In a 49-page decision, the 2nd Appellate Court upheld the sentence by Lake County Judge George Strickland.
In the decision, the Appellate Court summarized each witnesses testimony and explained, “The trial court further found that defendant’s actions were the proximate cause of A.J.’s [2019] death….The trial court explained that defendant “thrust” A.J. back into “an inherently dangerous situation.”
CONCLUSION
Defendant 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 circumstan
The State proved beyond a reasonable doubt that defendant knew that Joann was likely beating A.J. and certainly neglecting his care and that, despite knowing that A.J. was practically certain to be harmed, defendant nonetheless unconditionally returned A.J. to Joann’s care and closed the case, which was a proximate cause of A.J.’s death.
For the foregoing reasons, we affirm the judgment of the circuit court of McHenry County.
The decision can be found here.
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From the State’s Attorney:
APPELLATE COURT UPHOLDS CONVICTION OF DCFS WORKER IN DEATH OF 5-YEAR-OLD A.J. FREUND
On March 30, 2026, the Second District Appellate Court issued a ruling affirming the conviction and sentence of Carlos Acosta, a former Department of Children and Family Services (DCFS) employee, for his role in the April 2019 death of 5-year-old Crystal Lake boy A.J. Freund.
This case marked a first-of-its-kind prosecution in Illinois—and the first successful prosecution of its kind in the country—holding a DCFS child protection worker criminally accountable for failing to act on known signs of abuse.
In the fall of 2023, State’s Attorney Randi Freese, Chief of Staff Ashley Romito, and former State’s Attorney Patrick Kenneally prosecuted Carlos Acosta, who was tasked with investigating child abuse allegations involving A.J. Freund.
At trial, the State’s Attorney’s Office presented a myriad of professional and expert witnesses who established that, on December 18, 2018, the Crystal Lake Police Department contacted Acosta after discovering a large and unexplained bruise on A.J.’s body.
Despite clear indicators of abuse and a documented history of concerns, including rampant drug abuse, psychiatric hospitalizations, and squalor-like living conditions, Acosta failed to take appropriate investigative or protective action as required by DCFS protocols. Instead, he returned A.J. to the custody of his mother without implementing any safety measures.
Tragically, just four months later, A.J. Freund was beaten to death by his mother.
On October 13, 2023—one day before what would have been A.J.’s 10th birthday—Acosta was found guilty of the offense of endangering the life and health of a child, a Class 3 felony.
The trial judge explained that, had Acosta referred the case for court intervention, the judge “could not imagine any judge would not have taken this child out of the house.”
The trial court described Acosta’s investigative report as “actively dishonest and misleading.”
It further characterized the report as “purposely containing material omissions” and found that Acosta “lied” about the lack of violence in the home.
Acosta was sentenced on June 6, 2024, to six months in the McHenry County jail, followed by a period of probation set to terminate in December 2026.
Acosta promptly appealed the matter to the Second District Appellate Court.
Oral arguments were held on January 15, 2026, and, on March 30, 2026, the appellate court unanimously rejected Acosta’s arguments and upheld the trial court’s decision.
In the concluding paragraph of its decision, the appellate court stated 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 went on to say that the McHenry County State’s Attorney’s Office “proved beyond a reasonable doubt that [Acosta] knew that Joann was likely beating A.J. and certainly neglecting his care and that, despite knowing that A.J. was practically certain to be harmed, [Acosta] unconditionally returned A.J. to Joann’s care and closed the case, which was a proximate cause of A.J.’s death.”
“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.
“Those entrusted with protecting children must be held to the highest standard. When that duty is ignored, the consequences can be irreversible.
“We remain committed to seeking justice and ensuring accountability in cases involving the most vulnerable members of our community.”
