By RALPH BARTHOLDT
COEUR d’ALENE — A Post Falls man accused of being too high to take care of a toddler who was found cold and barefoot walking along a busy Hayden road is bucking to get out of jail.
Castulo P. Costilla, 39, who faces charges of felony injury to a child, possession of methamphetamine, possession of marijuana, illegal possession of prescription medication and possession of paraphernalia, is asking a Coeur d’Alene judge to reduce his bond, or to release him on his own recognizance.
The motion was filed on Costilla’s behalf this week by his attorney, Ben Onosko, and it will be the second time Costilla has asked the court to consider letting him go.
First District Magistrate Judge James Combo denied a similar request at last month’s preliminary hearing. The latest motion will be addressed Aug. 24 in District Court.
Costilla was arrested around 7:30 a.m. June 10 in an apartment on the 800 block of N. Government Way in Hayden where a deputy found him and two other men passed out with the door to the apartment open after finding the toddler on the street outside earlier that morning, according to a report.
Costilla, who has a custody agreement with the boy’s mom, picked up his son the night before from the mother’s home in Post Falls. He drove the boy to a friend’s North Government Way apartment where he reportedly met his brothers to party.
At a preliminary hearing last month the boy’s mom, Sylvia Heinrichs, said she is legally bound to allow Costilla overnight visitations with the toddler.
“I’ve been told I have to let him go with his father,” Heinrichs said at the probable cause hearing.
Her son was wearing pajamas, and carrying a backpack full of diapers and wipes when he went with his dad, she said.
“I don’t remember if I sent him with shoes,” she said. “He has a problem keeping shoes on.”
When the boy was found the next morning before 7 a.m. along North Government Way he was “in his pajamas, no socks or shoes, his face was dirty and he was cold to the touch,” a deputy reported.
The outside temperature was 47 degrees, according to a report.
Costilla allegedly told deputies he had smoked marijuana that morning after drinking heavily the night before. He said had used methamphetamine the previous day, according to a deputy’s report.
Deputies found drugs and paraphernalia inside the apartment, but attorneys for the defendant suggested at last month’s preliminary hearing that the search of the apartment may not have been legal. So far, however, no motions have been filed to dismiss charges.
Deputies entered the apartment after seeing toys and a children’s television program on TV through a partially open door.
“The child got out by opening the front door and walking out,” Deputy Eric Boardman testified at the preliminary hearing.
Onosko told the court the defendant is indigent, cannot afford bond and, once free, could attend drug rehabilitation treatment.
Costilla, who is in the Kootenai County jail on a $25,000 bond, is expected to enter a plea at the Aug. 24 hearing.
Costilla’s criminal history includes two previous injury to child charges, numerous probation violation convictions, felony drug charges and an arrest for domestic battery, according to authorities. He has also previously been charged with felonies in California and Arizona.