Norwood-based, daycare center owner, Silfredo Castillo Martinez, 34, pled guilty on Thursday, March 21, before U.S. District Judge Paul A. Engelmayer to superseding information charging him with sexual exploitation of a child and production of child pornography, federal prosecutors said.

 

In the context of the announcement, Damian Williams, U. S. attorney for the Southern District of New York, said, “Silfredo Castillo Martinez exploited the trust placed in him as a daycare provider by sexually abusing one of the minor children under his care and by forcing that child to perform sex acts on him.” He contnued, “Additionally, Castillo Martinez had nearly 10,000 images depicting child pornography in his possession, all the while caring for children on a daily basis. Castillo Martinez’s conduct is reprehensible, and he now faces more than a decade in prison for his crimes.”

 

According to the allegations contained in the superseding information and the complaint filed on March 10, 2023, and as previously reported by Norwood News, from in or about July 2015 through in or about at least May 3, 2022, Castillo Martinez ran a licensed daycare facility, Lina’s Garden Daycare, for children at his Norwood home, located at 3525 Decatur Avenue in The Bronx (the “daycare facility”).

 

The court heard that from at least in or about May 2018 through at least in or about July 2018, he induced an 11-year-old minor (“Minor Victim-1”) who attended the daycare facility to engage in sexually explicit conduct with him at the location while Castillo Martinez recorded that conduct on his cellphone and camera.

 

The court heard that on or about May 3, 2022, law enforcement agents executed a search warrant at Castillo Martinez’s home and seized several electronic devices belonging to him. Those devices contained, among other things, several images and a video containing child pornography depicting Minor Victim-1 and approximately 9,800 other images depicting child pornography.

 

Federal prosecutors said Castillo Martinez pled guilty to one count of production of child pornography and sexual exploitation of a child, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison. They said he is scheduled to be sentenced by Judge Engelmayer in June.

The minimum and maximum potential sentences in this case are prescribed by Congress and are provided for informational purposes only, as any sentencing of the defendant will be determined by the judge. Williams praised what he said was the outstanding investigative work of the U.S. Secret Service’s Internet Crimes Against Children Task Force, the FBI, and the NYPD. He also thanked the Bronx County District Attorney’s Office for its assistance.

 

This case is being handled by the federal prosecutor’s general crimes unit. Assistant U.S. Attorney Jackie Delligatti is in charge of the prosecution.

 

Bronx District Attorney Darcel D. Clark had previously announced on Monday, June 27, 2022 that Castillo-Martinez had been charged by her office with alleged predatory sexual assault against a child, as well as other charges for allegedly sexually assaulting a boy, and for allegedly possessing child pornography. He was due to appear in court in November 2023. In light of news of his guilty plea to the federal charges, Norwood News reached out to the Bronx District Attorney’s office to ask if Castillo Martinez is still subject to a separate trial in Bronx County. We were informed that he is under indictment and the Bronx County case is pending.

 

In the context of the Bronx case, Clark said at the time Castillo-Martinez was charged, “The defendant, a daycare owner, was supposed to keep children safe. Instead, he allegedly sexually assaulted a boy in his care. Our crime victims assistance unit has been working with the child and his family, but he has been scarred for life. The defendant was also indicted for allegedly possessing multiple child pornography files on his computer. His alleged actions are despicable and sickening, and he cannot be caring for children in our community.”

 

She said Castillo Martinez had been arraigned on two counts of predatory sexual assault against a child, two counts of a first degree criminal sexual act, two counts of a second-degree criminal sexual act, first-degree sexual abuse, two counts of use of a child in a sexual performance, two counts of endangering the welfare of a child, five counts of promoting a sexual performance by a child, and 12 counts of possessing [footage] of a sexual performance by a child before Bronx Supreme Court Justice George Villegas. Bail was set at $500,000 cash/$500,000 bond/$500,000, partially secured bond.

 

According to the investigation by the NYPD and the prosecution’s case, as above, on May 3, 2022, authorities with the U.S. Secret Service and the NYPD conducted a search inside Lina’s Garden Daycare, and seized 30 [electronic] devices.

 

According to the investigation, Castillo Martinez had allegedly downloaded 12 child pornography files to his Google drive. The files included images and videos of boys between the ages of 7 and 12, and one child who was less than a year old. Castillo Martinez was taken into custody that day, as reported at the time by Norwood News. 

 

DA officials previously said that as investigators continued to examine the files seized, they found, among them, a photo and video of a child that were allegedly taken inside the defendant’s daycare center.

 

As reported, Norwood News attempted to speak to some of the local residents and parents about Castillo Martinez’s arrest at the time it occurred. Some parents appeared to be initially unaware of his arrest. The center was closed after Castillo Martinez was arrested. According to its website, it remains ‘temporarily closed.” Under the testimonial section of the website, there was one review 3 years ago by “Imtiaz A,” who wrote, “Good place.” Meanwhile, the center’s motto, referenced on its Instagram page, which includes photos of children, reads, “Play and learn with love.”

 

Very little information about the center, including its rates, was available on its website last year. On the awning over the door of Lina’s Garden Daycare Center, “ACS” (NYC Administration for Children’s Services) was referenced. It was also mentioned that “government vouchers” appeared to be accepted at the center. The center was advertised as a “group family daycare center,” but was also advertised as “private.” Norwood News followed up with ACS to ask what, if any, oversight or involvement ACS had with the center as regards screening, licensing or oversight.

 

Based on feedback we received at the time, it transpired that ACS was not, in fact, the city agency responsible for licensing or regulating child care programs. We were informed that ACS does provide eligible families with child care vouchers which they can use to enroll their child at any child care location of their choosing which accepts such vouchers.

 

According to an excerpt on ACS’s website last year, the “EarlyLearn” programs are “now” managed by the NYC Department of Education (DOE). Norwood News followed up with DOE about the case at the time and asked what, if any, oversight or involvement DOE had with regard to Lina’s Garden Daycare Center. A DOE representative replied, saying, “This is not a DOE site.”

 

Asked if DOE could provide details, generally, of its oversight and screening process of daycare centers, the DOE representative replied at the time, saying, “Only if it is a DOE-contracted program. You have to go to DOHMH (NYC Department of Health & Mental Hygiene) and ACS who have more oversight of this than we do.”

 

Norwood News contacted ACS, once again, for information about their general oversight process of daycare centers. We were, at that point, also referred to DOHMH. Michael Lanza, a DOHMH representative, referred us to their website for details of their screening process and offered to answer any questions we had. We asked if the agency had overseen or had had any involvement with Lina’s Garden Daycare Center. We did not receive an immediate response.

 

Meanwhile, on DOHMH’s website, an excerpt last year outlined the process around seeking daycare in New York City, and read, “When deciding where to place your child, you should focus on your family’s specific needs. Be sure to make an informed decision based on the type of program and its performance history.”

 

It continued, “If you are visiting a group child care center, you should review its child care performance summary card (PDF) for information about the program’s staff, size and past violations. The card will be located near the program’s entrance.”

In addition, it read, “Child care operators looking for information about permitting and regulations should visit our Information for Child Care Operators page. If you are interested in applying for free or low-cost child care, first find out if you are eligible. There are several types of child care programs available in the city, so consider your family’s needs and choose carefully. When searching for a program, be sure to review a facility’s history and its performance record.”

 

Finally, the excerpt concluded, “You can find out about past issues at a facility by using NYC Child Care Connect or the State’s Office of Children and Family Services page. If you think a child care facility may be unsanitary, unsafe or illegal, call 311. If you think a child may be in immediate danger, call 911.”

Following the latest news on Castillo-Martinez, Norwood News asked DOHMH once again on whether or not it has or had any oversight or involvement with Lina’s Garden Daycare Center, and we await feedback. 

 

We were informed by the Bronx District Attorney’s office last year that their case was being prosecuted by assistant district attorney, Carissa Caukin, of the child abuse/sex crimes bureau, under the supervision of Danielle Pascale and Johanna Hernandez, deputy chiefs of the child abuse/sex crimes bureau, and Mimi Mairs, chief of the child abuse/sex crimes bureau, and under the overall supervision of Adrienne Giunta, deputy chief of the special victims division, and Joseph Muroff, chief of the special victims division.

 

Clark thanked assistant district attorney, Rachael Baughman, of the child abuse/sex crimes bureau, and trial preparation assistants, Simone Chin and Elaina Clarke, both of the child abuse sex crimes bureau, at the time for their work on the case.

 

She also thanked special agents of the U.S. Secret Service, internet crimes against children task force; Detective Ralfi Hernandez, Detective Anthony Rodriguez and Lieutenant Felix Rivera, of the NYPD computer crimes unit; and Detective Ariel Florentino of the NYPD special victims child squad.

 

A new daycare center is scheduled to open “soon”  at the location of former Lina’s Garden Daycare, according to information posted at the location of the daycare when we visited the site on March 21. The new center will be called “El Jardín de Niños” [The Garden of Children].

 

We asked DOHMH if it can confirm if there is a new owner of this new center, if any such new owner had any prior involvement with the previous daycare center, and which agency screened the new owner of the new center. We will share any updates we receive.

We’ve also followed up with ACS and DOE to ask if they have any involvement with the new center.  We await feedback and will update this story with any comments we receive.

 

A person accused of a crime is deemed innocent unless and until convicted in a court of law.

 

As reported, Nicholas Feliz Dominici, tragically died following an apparent fentanyl overdose at Bronx-based Divino Niño Daycare Center in Kingsbridge Heights on Friday, Sept. 15, 2023. His parents were joined by District 14 City Council Member Pierina Sanchez and other Bronx elected officials and clergy at Our Lady of Angels church on Webb Avenue in Kingsbridge Heights on Sunday, Oct. 15, for a remembrance service held in memory of Nicholas, along with friends, neighbors and residents. March 15, 2024 recently marked the 6-month anniversary of the infant’s death.

 

Officials from the District Attorney’s office said, “Anyone who may have been a victim of the defendant or has information about victims is encouraged to call the NYPD Bronx Child Abuse Squad at (929) 265-3638.”

 

For additional information on child day care and for similar information in different languages, please see the following:

• Choosing Child Care in New York City (PDF)
  Other Languages: Español | 中文 | Русский | Kreyòl ayisyen | العربية | বাংলা | Français | Italiano | 한국어 | Polski | 简体中文 | اردو | ײִדיש

 

More Information

• Sign up to receive text or email notices about specific child care locations
• Choosing the Right Summer Camp for Your Child
• Group Child Care Programs: Critical Incident Reports
• Healthy Child Care Settings
• Keeping Your Child Healthy

 

In a separate case, on March 22, federal authorities announced that Carter Kennedy, a convicted sex offender who had fled to Mexico from probation in Oregon following a conviction for encouraging child sexual abuse in the first degree in that state, was arrested on March 21, and was charged with sexual exploitation of a child and other child sex offenses.

 

They said he was deported from Mexico by Mexican immigration authorities and arrived on March 21 at San Francisco International Airport, where he was arrested by the FBI upon arrival. He was due to be presented on March 22 in San Francisco federal court before U.S. Magistrate Judge Laurel Beeler.

 

They said anyone with information concerning Kennedy or anyone who may have encountered someone using the WhatsApp username 5215591447960@s.whatsapp.net or the aliases “Mikey Portuguez Perez” or “Javed Montero,” is asked to contact the FBI at 1-800-CALL-FBI or https://tips.fbi.gov.