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Date: 11-15-2024

Case Style:

State of Indiana v. Wilfredo Padilla-Castellanos

Case Number: 23A-CR-1026

Judge: Charles Miller

Court: Superior Court, Marion County, Indiana

Plaintiff's Attorney: Indianapolis, Indiana Prosecuting Attorney's Office

Defendant's Attorney:


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Description:


Indianapolis, Indiana criminal defense lawyer represented the Defendant charged with armed robbery.



In the afternoon of December 1, 2022, Padilla-Castellanos, armed with a shotgun, went to Jose Hernan's Indianapolis residence to confront him about allegedly sleeping with Padilla-Castellanos's romantic partner. Padilla-Castellanos attempted to enter Hernan's residence through the front and back doors, but he was unsuccessful. Before leaving, Padilla-Castellanos fired his shotgun into the air.

When Padilla-Castellanos left Hernan's residence, he headed toward Bertrand Road, where Cristian Ricardo Noriega ("C.R. Noriega") and Karina Jackie-Hernandez were sitting inside a blue Honda vehicle that was parked near a red Honda occupied by C.R. Noriega's father Cristian Joel Noriega ("C.J. Noriega")
and Mario Caballero. Padilla-Castellanos first approached C.R. Noriega and Jackie-Hernandez, placing his shotgun against C.R. Noriega's head and demanding he and Jackie-Hernandez exit the vehicle and give Padilla-Castellanos their identification. Padilla-Castellanos fired two rounds, threatening to shoot C.R. Noriega and Jackie-Hernandez if they did not exit the vehicle; they both complied with Padilla-Castellanos's demands.

Padilla-Castellanos then approached C.J. Noriega and Caballero, and he ordered them out of their vehicle at gunpoint. Once C.J. Noriega and Caballero had exited their vehicle, Padilla-Castellanos demanded they empty their pockets and give him their money and identification. Padilla-Castellanos then struck Caballero in the face and chest with the shotgun. Soon thereafter, while Padilla-Castellanos was distracted, Caballero grabbed the shotgun, and he and the Noriegas fought with Padilla-Castellanos for control of the shotgun. During the struggle, Padilla-Castellanos bit C.R. Noriega's finger. Caballero and the Noriegas successfully removed the shotgun from Padilla-Castellanos's control and held him down until law enforcement officers arrived. Padilla-Castellanos was unconscious when the officers arrived, and they determined he was likely intoxicated; before he was transported to the hospital, officers searched Padilla-Castellanos's person and discovered two 12-gauge shotgun shells, a knife, and a white powdery substance. Officers also confiscated Padilla-Castellanos's shotgun, which had one shotgun shell in the chamber.

[¶6] Padilla-Castellanos was arrested, and the State charged him with 15 offenses: four counts of attempted armed robbery as Level 3 felonies,[1] four counts of intimidation as Level 5 felonies,[2] one count of battery by means of a deadly weapon as a Level 5 felony,[3] four counts of pointing a firearm as Level 6 felonies,[4] one count of battery resulting in moderate bodily injury as a Level 6 felony,[5] and one count of criminal recklessness as a Level 6 felony[6]. The State later dismissed the criminal recklessness charge, and Padilla-Castellanos pled guilty to the remaining 14 charges without the benefit of a plea agreement.

The trial court accepted Paddilla-Castellanos's plea and vacated all but the attempted armed robbery convictions due to double jeopardy concerns.[7] On each attempted armed robbery conviction, the trial court sentenced Padilla-Castellanos to nine years executed at the Indiana Department of Correction ("DOC"). The trial court ordered Padilla-Castellanos to serve two of the four sentences consecutively and the other two sentences concurrently to one
another and to the two consecutive sentences, resulting in a total aggregate sentence of 18 years of incarceration. This appeal ensued.

Padilla-Castellanos v. State, 24A-CR-1026 (Ind. App. Nov 15, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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