A.J. Freund case: Court upholds conviction of former DCFS worker in child's death

CRYSTAL LAKE, Ill. - A state appellate court has upheld the conviction of a former Illinois child welfare worker in connection with the 2019 death of a 5-year-old Crystal Lake boy.

The Second District Appellate Court on Monday affirmed the conviction and sentence of Carlos Acosta, a former Department of Children and Family Services employee, who was found guilty in 2023 of endangering the life and health of a child in the death of A.J. Freund. Prosecutors said Acosta failed to act on clear signs of abuse months before the boy was beaten to death by his mother.

Evidence presented at trial showed Acosta was contacted by Crystal Lake police in December 2018 after officers observed a large, unexplained bruise on A.J.’s body. Despite a documented history of concerns in the home, including drug abuse and unsafe living conditions, Acosta returned the child to his mother without implementing safety measures or pursuing court intervention.

A.J. Freund was killed four months later. He was found in a shallow grave near Woodstock, and a subsequent investigation found that he had been subjected to a pattern of abuse allegedly by his parents, culminating in his death while padlocked inside his bedroom with swelling in his brain.

The day A.J. died, documents say the child was punished for urinating in his underwear. He was then put in a cold shower for about 20 minutes, before being sent to bed "cold wet and naked."

JoAnn Cunningham, Freund’s mother, eventually pleaded guilty to his murder and was sentenced to 35 years in prison. His dad, Andrew Freund Sr., pleaded guilty to felony charges of aggravated battery of a child, involuntary manslaughter and concealment of a homicidal death, and was sentenced to 30 years in prison.

Acosta was convicted on Oct. 13, 2023, and sentenced in June 2024 to six months in jail followed by probation through December 2026. He appealed the decision, but the appellate court unanimously rejected his arguments.

In its ruling, the court said Acosta had a duty to protect the child and was "uniquely positioned" to act, but instead knowingly returned him to a dangerous environment. The court found that prosecutors proved beyond a reasonable doubt that Acosta’s actions were a proximate cause of the boy’s death.

What they're saying:

"Today’s ruling affirms what the evidence showed from the beginning—that this was an entirely preventable tragedy," said McHenry County State’s Attorney Randi Freese. "Those entrusted with protecting children must be held to the highest standard. When that duty is ignored, the consequences can be irreversible. We remain committed to seeking justice and ensuring accountability in cases involving the most vulnerable members of our community."

Tap here to read the full ruling.