Trial began Thursday for a 47-year-old Waimea woman charged with murder in connection with the 2017 death of 3-year-old Fabian Garett-Garcia.
Chasity Alcosiba-McKenzie was indicted by a Kona grand jury in October 2019 and pleaded not guilty to a single charge of second-degree murder, which is punishable by life in prison with the possibility of parole.
Alcosiba-McKenzie opted for a bench trial, which means there is no jury, and Circuit Court Judge Wendy DeWeese will decide her fate.
Deputy Prosecuting Attorney Kate Perazich told the court a plea offer of manslaughter was made to the defendant, which was rejected.
“We rejected the offer and did not make a counter offer because my client is innocent,” said Alcosiba-McKenzie’s counsel, Deputy Public Defender James Greenberg.
In her opening statement, Perazich said Garett-Garcia along with his two younger siblings were living with foster parents Alcosiba-McKenzie and her then-husband. As foster parents, they were responsible for medical care of the children. On the night of Garett-Garcia’s death, July 25, 2017, paramedics who arrived within minutes of the 911 call found the toddler not breathing.
Perazich said Alcosiba-McKenzie claimed Garett-Garcia fell on his face that day while wearing virtual reality (VR) goggles. Paramedics observed bruising on the child’s face, neck, and torso.
However, Perazich said the autopsy report stated the child died of blunt force trauma to the head and a fall did not cause his death, that injuries he suffered were akin to a severe car crash or fall from 30 feet.
“Her story doesn’t explain the bruises and internal injuries the autopsy shows,” Perazich said. “We do know something violent happened in that home, and the siblings were too young to tell us what happened.”
Greenberg vehemently denied Perazich’s allegations, saying the claim the injuries the boy suffered compared to a crash or 30 foot fall “goes against, defies and ignores all the science and literature.”
“This is a case of a tragic accident,” he said. “By all accounts, she (Alcosiba-McKenzie) was a fine resource caregiver.”
He claimed Alcosiba-McKenzie saw the toddler on an 18-inch bench wearing the VR goggles when he fell forward and smashed his head on the floor, and that he appeared to be alright.
“Her story never changed,” he said.
He continued to say the first medical examiner did not initially rule the case a homicide, however, one year later the state medical examiner determined manner of death after only examining specimens.
“Now she is in this nightmare,” he said of his client. “She is innocent.”
In the 911 call played for the court, Alcosiba-McKenzie was heard saying the boy fell earlier in the day and wasn’t breathing. The operator instructed her and her husband, Clifton, how to perform CPR until medics arrived.
The first paramedic on scene testified the boy was unresponsive and not breathing. He took over CPR and transported the child to the ambulance where other life-saving efforts were performed. He stated he noticed bruising over the child’s body in various stages of healing. When asked about Alcosiba-McKenzie’s demeanor, he said she was nonchalant and unruffled.
They transported Garett-Garcia to North Hawaii Community Hospital where he was pronounced dead. The paramedic notified police because of the bruising.
Next to take the stand were employees of Child Welfare Services (CWS) who testified Alcosiba-McKenzie was very good at complying with reports and medical appointments for the children. She told them after his fall, Garett-Garcia took a nap and began to vomit, but his youngest sibling had a flu so she thought he caught the illness too.
One social worker testified the boys were rowdy and would often hit each other, and she had no concerns about Alcosiba-McKenzie as a foster parent, however, the child’s biological parents expressed concern that the kids were getting hurt.
A CWS supervisor testified she first received the Garett-Garcia case in 2015 because the home the children were living in with their parents had no running water, electricity or refrigeration and was considered an unsafe environment. She said Alcosiba-McKenzie was a loving foster parent and never had any problems with previous foster children.
Garett-Garcia’s guardian ad litem, a court-appointed advocate for the child, said she never suspected neglect or abuse in the Alcosiba-McKenzie home, and did not object to the other two siblings staying there after the tragedy.
The trial will continue Tuesday morning.
Alcosiba-McKenzie has been free on supervised release since her arrest in August 2018.