LIHU‘E — Kaimana Larry DiasDuque’s family was well represented in state District Court yesterday, as his mother’s boyfriend faced a preliminary hearing on seconddegree murder charge in the death of the 35monthold boy. With over two dozen people in attendance
LIHU‘E — Kaimana Larry DiasDuque’s family was well represented in state District Court yesterday, as his mother’s boyfriend faced a preliminary hearing on seconddegree murder charge in the death of the 35monthold boy.
With over two dozen people in attendance for the proceedings, David Arruda and his lawyer requested and were granted a continuance. The preliminary hearing is scheduled to resume next Friday, Feb. 11, at 10:20 a.m.
Arruda’s family and supporters made the biggest crowd in the gallery, but the toddler’s biological grandfather and other relatives were there also.
But the folks had little to see, as the medical examiner, who both prosecutors and defense attorneys agree will provide the majority of testimony as to what happened to DiasDuque, could not make it from Honolulu.
According to court records, on Oct. 30 of last year, Arruda waited over six hours to call an ambulance after DiasDuque slammed his head while playing and became unconscious. The boy had to be flown by air ambulance to Kapi‘olani Hospital for Women and Children on O‘ahu, but he died Nov. 1, two days after the incident.
Arruda is still being held at the Kauai Community Correctional Center in lieu of $100,000 bail.
Ryan A.P. Harrington was sentenced to five years in jail after Circuit Court Judge George M. Masuoka decided to break with pleadeal sentence recommendations.
Harrington, 20, of Anahola, was originally charged with unauthorized entry into a motor vehicle, thirddegree criminal property damage, simple trespass, and a theft charge.
On Nov. 30, Harrington pleaded guilty to the carbreakin charge and a reduced charge of thirddegree theft. Prosecutors agreed to ask for no more than a year in jail.
But Masuoka, who is not bound by any deal, decided that looking at Harrington’s criminal history, along with almost a dozen chances at drug treatment, he had been given a number of chances and did not use them.
And that’s after a request for treatment from Harrington’s father.
“When he’s on his medicine and not taking drugs, he’s about the nicest person you want to meet,” said the elder Harrington. “I ask the court to get treatment for him.”
- James Hensley was given 90 days in jail by Masuoka for pleading guilty to beating his exgirlfriend while she was at work. Hensley, who pleaded guilty to family abuse, two counts of harassment, operating a vehicle under the influence of intoxicants, and resisting arrest in December, was also ordered to pay over $1,500 in fines within 30 days of getting out of jail.
He also lost his license, and was ordered not to have contact with the victim, and to go to angermanagement classes. Hensley also received two years probation.
According to prosecutors, Hensley came to his exgirlfriend’s workplace, slapped her in the head, and pulled her hair. When the victim’s coworkers tried to intervene, they were pushed or hit.
“On the day when (this event happened), Hensley suffered a family loss,” said Hensley’s attorney, John Calma. “He intends to learn from this incident and move forward.”
