KAILUA-KONA — A judge on Thursday found a Hawaii woman not guilty of murder in the death of a 3-year-old foster child she was caring for, West Hawaii Today reported.
KAILUA-KONA — A judge on Thursday found a Hawaii woman not guilty of murder in the death of a 3-year-old foster child she was caring for, West Hawaii Today reported.
Chasity Alcosiba-McKenzie opted to go to trial before a judge instead of a jury. She pleaded not guilty to second-degree murder for the death of Fabian Garett-Garcia.
A 911 call on July 25, 2017, brought firefighters to a Waimea home where the boy was found lifeless and lying face down beside a pool of his vomit on a bed.
“No parent should have to lose a child, and it may be easy to place blame, but the state has failed to provide proof beyond a reasonable doubt,” Judge Wendy DeWeese said.
There was reasonable doubt as to when the child was injured and while very rare, an accidental fall could have caused his death, she said.
Alcosiba-McKenzie reported the toddler fell from a bench while wearing virtual reality glasses. According to her, the boy didn’t show any symptoms other than vomiting until she found him unresponsive hours later. She said she thought he was coming down with a flu like his sister had.
Hawaii County Prosecuting Attorney Kelden Waltjen said his office was disappointed in the verdict.
“The Hawaii Police Department and Prosecutor’s Office will continue to do its part to be the voice for those not here to speak for themselves, like 3-year-old Fabian, and will continue to protect our keiki,” he said, using the Hawaiian word for children.
A wrongful death lawsuit filed by the boy’s parents is pending against the state Department of Human Services, Alcosiba-McKenzie and others.
