Loudoun County prosecutors are asking a judge to revoke the bond of Ashburn CEO Braulio Castillo, who is charged with first degree murder in the death of his estranged wife.
News4 has learned there is new DNA evidence that prosecutors say directly ties Castillo to the crime scene, and they wrote in a court filing reads the "changes the nature and circumstances of the offense charged."
Castillo has been behind bars since April 1, when he was arrested and charged with Michelle Castillo's murder.
The couple was in the midst of a bitter divorce when Michelle's body was found in the lower level of her Ashburn home after her four youngest kids woke up and reported her missing. Prosecutors say Castillo killed her and staged the death to look like a suicide.
Although he's wealthy, the CEO has never been able to post his $2 million bond because many of his assets are off limits to him, frozen at the request of the couple's adult son.
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Now prosecutors are asking the judge to revoke bond altogether.
In a motion filed July 16, Assistant Commonwealth's Attorney Ryan Perry pointed to preliminary results from the Virginia Department of Forensic Science lab that appear to tie Braulio Castillo to the crime scene.
"The defendant cannot be excluded as a contributor to DNA samples found on the victim's clothing as well as at the crime scene," Perry wrote.
He further argued the new DNA finding provides additional, compelling evidence the defendant was present at the time of the crime.
The prosecution said the stronger, direct evidence means there is now a greater chance the defendant will try to flee and consequently, bond should be revoked.
Castillo's defense attorney firmly disputed there is any reason for the judge to reconsider bond.
"It certainly doesn't change the circumstances under which the judge decided the bond," said Alex Levay.
Levay said the fact that Castillo's DNA can't be excluded from what was found on the victim's clothes doesn't prove anything.
"He had the children that day and one of the children he had all afternoon, who then slept in [Michelle's] bed... so there is this concept of transfer of DNA," Levay said.
The defense attorney has also filed a new motion, asking for a delay in the start of trial, which is set for September 15.
Castillo's attorney writes that because the forensic science report is coming in only now, he'll need more time to analyze it.
Attorneys on both sides will be in court Monday to set a hearing date on both motions.
