COLUMBUS, Ind. — A judge rejected a plea agreement Tuesday in the domestic battery cases against a man who is also charged federally with illegally re-entering the country.
Moises Ortiz-Castaneda, 28, of Columbus had pleaded guilty in two cases and was scheduled to be sentenced today.
The first case is from February 2010, in which he is charged with two counts of domestic battery, one Class D felony and a Class A misdemeanor, for allegedly battering a woman.
The second case is from April 2010, in which he is charged with domestic battery, resisting law enforcement, invasion of privacy and public intoxication, for allegedly attacking the same woman during a fight at Ninth Street Park.
Ortiz-Castaneda pleaded guilty to two counts of domestic battery, the Class D felony and an A misdemeanor, and misdemeanor invasion of privacy, in exchange for prosecutors dropping the other charges.
His plea agreement called for a three-year prison sentence for the felony battery with 270 days behind bars and two years on probation.
The agreement also recommended one-year suspended jail sentences for the two misdemeanors.
Bartholomew Superior Court 1 Judge Chris Monroe said he did not accept the agreement because he had concerns about giving a probationary sentence to someone who had been deported and re-entered the country.
The judge also said he thought the recommended sentence for the felony battery charge was "not enough."
He cited a pre-sentence investigation report that said Ortiz-Castaneda had re-entered the country in 2002, 2004 and 2005.
Ortiz-Castaneda has been charged by the federal government with illegal re-entry into the U.S.
The federal indictment alleges that he was deported as an illegal alien from Arizona back to Mexico on May 16, 2002; June 18, 2002; July 18, 2002; Feb. 28, 2003; April 5, 2004; April 19, 2004; and April 1, 2005.
He came to federal authorities’ attention again after the April fight in the park.
If convicted of the federal charge, he will face up to two years in prison, a $250,000 fine and deportation.
Monroe gave Ortiz-Castaneda 30 days to consult with his attorney about the local charges.
He said Ortiz-Castaneda can withdraw his guilty pleas and take the case to trial, or allow the guilty pleas to stand and have the court order a sentence beyond the plea agreement’s recommendations.