Lee County Dad Accused of Child Murder May Face Death Penalty

The thirty one year old man who got into an argument with his girlfriend and allegedly, in a rage, beat their child to death, Ryan Costello, will be arraigned on July 19th. He was arrested on a charge of first degree murder, and it remains to be seen whether the state will indict him on those charges. I have represented people who have engaged in similar alleged conduct, and the charges have varied from manslaughter to second degree murder to first degree murder. Aggravated child abuse is an enumerated felony for first degree felony murder, and the child was reportedly beaten so severely that his spinal cord was severed, his skull was fractured, and he sufferred from internal bleeding. In addition, the public is clamoring about the alleged grow house operation in his home, as well as the fact that the children may have been left alone while the couple were out partying, and present while they were dealing drugs out of the home. Although the aggravating factors in support of a death penalty prosecution are limited by statute, publicity can play a role in the state's decision to seek the ultimate punishment. When combined with the child's age, defendant in custodial position, the heinous and cruel nature of the crime, and the possibility to allege it was premeditated in order to punish the girlfriend, this case may well result in an indictment for capital murder.