A state appellate court has confirmed the conviction of a former Illinois child welfare worker connected to the tragic 2019 death of 5-year-old A.J. Freund of Crystal Lake. The ruling maintains the accountability for the former Department of Children and Family Services (DCFS) employee.

Appellate Court Affirms Conviction of Carlos Acosta

On Monday, the Second District Appellate Court unanimously upheld both the conviction and the sentence of Carlos Acosta. Acosta was found guilty in 2023 of endangering the life and health of a child in the death of A. J. Freund.

Prosecutors successfully argued that Acosta failed to intervene despite clear indicators of abuse months before the young boy was beaten to death by his mother. The appellate court asserted that Acosta had a clear duty to protect the child and was in a position to act.

Timeline of Neglect and Abuse

Evidence presented during the trial detailed Acosta’s interaction with Crystal Lake police in December 2018. Officers contacted him after observing a significant, unexplained bruise on A.J.’s body.

Despite existing records detailing concerns within the home—including issues like drug abuse and unsafe living conditions—Acosta returned the child to his mother. Crucially, he did not implement any safety measures or seek court intervention at that time.

Tragically, A.J. Freund was killed just four months later. His remains were discovered in a shallow grave near Woodstock following an investigation into a pattern of abuse allegedly inflicted by his parents.

The Final Moments and Parental Sentences

Documents indicate that on the day of his death, A.J. was punished for wetting his underwear. He was reportedly subjected to a cold shower lasting approximately 20 minutes before being sent to bed while still naked and cold.

A.J.’s mother, JoAnn Cunningham, previously entered a guilty plea for his murder and received a 35-year prison sentence. His father, Andrew Freund Sr., pleaded guilty to several felony charges, including aggravated battery of a child and involuntary manslaughter, resulting in a 30-year prison sentence.

Acosta's Sentencing and Legal Outcome

Acosta was convicted on October 13, 2023. He was subsequently sentenced in June 2024 to six months in jail, followed by a period of probation extending through December 2026.

Acosta appealed his conviction, but the appellate court rejected all his arguments in its ruling. The court determined that prosecutors proved beyond a reasonable doubt that Acosta’s failure to act was a proximate cause of the boy’s death.

McHenry County State’s Attorney Randi Freese commented on the decision. "Today’s ruling affirms what the evidence showed from the beginning—that this was an entirely preventable tragedy," Freese stated.

Freese added that those entrusted with child protection must meet the highest standards. She affirmed the commitment to seeking justice and ensuring accountability when that duty is ignored, noting the irreversible consequences of such failures.