AJ Freund Case: Appellate Court Upholds Conviction Of Former DCFS Worker

CRYSTAL LAKE, IL — The Second District Appellate Court has upheld the conviction of Carlos Acosta, a former Department of Children and Family Services employee, for his role in the 2019 death of 5-year-old A.J. Freund.

Acosta was found guilty in October 2023 of endangering the life and health of a child, a Class 3 felony, in McHenry County. Prosecutors said he failed to act on clear signs of abuse, including a large, unexplained bruise and a documented history of unsafe living conditions, and returned A.J. to his mother’s custody without taking protective measures, according to a news release from the McHenry County State's Attorney's Office.

Four months later, the boy was beaten to death.

• Memory Of AJ Freund Lives On 5 Years After Death
• AJ Freund's DCFS Worker Guilty In Child Endangerment Case
• AJ Freund's DCFS Worker Gets Jail Time

The appellate court, in its ruling, described Acosta’s investigative report as “actively dishonest and misleading” and said it contained “material omissions” about AJ's safety. He was sentenced on June 6, 2024, to six months in McHenry County Jail, followed by probation through December 2026.

Acosta appealed, but the appellate court rejected his arguments on Monday. The court said Acosta “had a duty to protect A.J. and had sufficient information and authority to take action” yet failed to intervene, which “was a proximate cause of A.J.’s death," according to the news release.

“Those entrusted with protecting children must be held to the highest standard,” said McHenry County State’s Attorney Randi Freese. “When that duty is ignored, the consequences can be irreversible. We remain committed to seeking justice and ensuring accountability.”

This case marked a first-of-its-kind prosecution in Illinois—and the first successful prosecution of its kind in the country—holding a DCFS child protection worker criminally accountable for failing to act on known signs of abuse, according to officials.

MORE ON PATCH

• AJ Freund Died Three Days Before He Was Reported Missing: Report
• Prosecutors Receive Heroes Award For AJ Freund Case Work
• AJ Freund's Home Can Be Demolished
• Prosecutor Wrote Letter To DCFS A Year Before AJ Freund's Death
• AJ Freund's Death Due To 'Reckless' DCFS Duo: Lawsuit
• Thousands Say Goodbye to AJ at Public Visitation