Jurors convict Jessica Tata of murder in day care fire

Jessica Tata, right, looks at her attorney Mike DeGeurin after she was sentenced to 80 years in prison Tuesday, Nov. 20, 2012, in Houston. Jessica Tata, right, looks at her attorney Mike DeGeurin after she was sentenced to 80 years in prison Tuesday, Nov. 20, 2012, in Houston. Photo: Cody Duty, . Photo: Cody Duty, . Image 1 of / 129 Caption Close Jurors convict Jessica Tata of murder in day care fire 1 / 129 Back to Gallery

Day care operator Jessica Tata stood emotionless Tuesday as a judge announced she was responsible for the deaths of four toddlers last year, but members of the children's families slumped in their seats in the courtroom gallery, softly sobbing.

Four weeks before, the mothers and fathers of the dead and injured children testified they trusted Tata and felt betrayed. On Tuesday, they praised a jury's decision to convict her of felony murder.

"From the bottom of our hearts, we're thankful for today's verdict and we're happy," said Nancy Villanueva, an aunt of 16-month-old Elias Castillo, who died in the Feb. 24, 2011, fire. "Thank you for everybody who's been keeping up with everything."

She was the only family member to give a statement, and prosecutors declined to comment.

Tuesday's verdict, after six hours of deliberations, was a disappointment to Tata and her defense team but not a surprise.

"The jury has spoken. We accept their verdict and move on to the next phase of the trial," said Mike DeGeurin, Tata's lawyer.

He declined to say how Tata, who remains in custody, took the verdict except to say that she remains concerned about the victims' families.

"She's never lost sight of the real victims. The real people to have concern for are the families that lost their children," DeGeurin told a pack of reporters after the verdict. "It's not all about her. It's about a lot more than her."

Prosecutors said a pot of oil that Tata left on a hot burner started the fire after she left the children alone to go shopping. Assistant Harris County District Attorney Steve Baldassano noted that arson investigators found a package of chicken nuggets near the stove.

DeGeurin told jurors in closing arguments Monday that the stove was actually off and a recently repaired refrigerator started the fire because a safety switch had been removed.

Punishment phase

After the verdict, the trial moved to the punishment phase.

Prosecutors, who will try to convince the jury that Tata should be sentenced to life in prison, said she set two fires at Taylor High School in Katy as a freshman in retaliation for being disciplined.

An assistant principal, who was there in 2002, said he sent Tata to in-school suspension for 20 days for misbehavior, including cursing at a teacher. Instead of reporting to the teacher supervising her discipline, she set fires to towel dispensers in two restrooms.

"She was bad," Robert "Danny" Gex testified. "She was a bad and evil person."

DeGeurin pointed out that Gex has not seen or heard from Tata for 10 years because she moved from that school the next year. He argued several times that two juvenile arson convictions should not be brought before the jury.

DeGeurin is expected to call Tata's mother, sister and brother during the punishment phase, which could last two more weeks.

The jury will have a wide range of punishment, from five years to life in prison, after convicting her of felony murder, a charge that means Tata committed a felony that resulted in a death. The jurors did not have to decide which felony, only that she was guilty of murder.

Options mulled

However, the verdict was delayed Tuesday morning when the jury returned a verdict selecting multiple options in the 22-page charging document. They had several choices to consider, including low-level felonies that would have capped Tata's sentence at two years in jail.

State District Judge Marc Brown sent jurors back to their chamber to narrow their decision to just one option.

Given their final decision and the unusual charge, the jury initially may have chosen felony murder and one of the underlying felonies they also felt Tata committed.

brian.rogers@chron.com twitter.com/brianjrogers