Jessica Tata was emotionless Tuesday as she listened to a judge announce she was guilty of felony murder in a fire that killed four toddlers last year, but members of the children’s families slumped in their seats in the courtroom gallery, softly sobbing.
“From the bottom of our hearts, we’re thankful for today’s verdict and we’re happy,” said Nancy Villanueva, an aunt of 16-month-old Elias Castillo, who died in the Feb. 24, 2011 fire. “Thank you for everybody who’s been keeping up with everything.”
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Tuesday’s verdict, after six hours of deliberations, was a disappointment to Tata and her defense team, but not a surprise.
“The jury has spoken. We accept their verdict and move on to the next phase of the trial,” said Mike DeGeurin, Tata’s lawyer. He declined to say how Tata, who remains in custody, took the verdict except to say that she remains concerned about the victims’ families.
“She’s never lost sight of the real victims. The real people to have concern for are the families that lost their children,” DeGeurin told a pack of reporters after the verdict. “It’s not all about her. It’s about a lot more than her.”
Felony murder, which carries a sentence of anywhere from five years to life in prison, means Tata committed a felony which resulted in a death. The jurors did not have to decide which felony, but picked between child endangerment and abandonment.
Prosecutors said a pot of oil that Tata left on a hot burner started the fire while she left the children alone to go shopping. Assistant Harris County District Attorney Steve Baldassano noted that arson investigators found a package of chicken nuggets near the stove.
DeGeurin told jurors in closing arguments Monday that the stove was actually off and a recently repaired refrigerator started the fire because a safety switch had been taken off.
The verdict was delayed Tuesday morning when the jury returned a verdict selecting multiple options. State District Judge Marc Brown sent jurors back to their chamber to narrow their decision to just one option.
The trial, now in its fourth week, moves to the punishment phase, in which prosecutors will try to convince the jury that Tata should be sentenced to life in prison, while defense lawyers will argue for less time. The punishment phase could last two more weeks.
