Closing arguments were heard Thursday in the trial of a 47-year-old Waimea woman charged with the 2017 murder of a Waimea toddler.
Chasity Alcosiba-McKenzie was indicted by a Kona grand jury in October 2019 in connection with the death of 3-year-old Fabian Garett-Garcia. She has pleaded not guilty to the 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.
On Thursday, two expert witnesses were called before counsel wrapped up their cases.
Deputy Public Defender James Greenberg called Kenneth Monson, an assistant professor of biomechanics at the University of Utah. Monson testified against the theory that Garett-Garcia’s injuries could not have been caused by a short fall. He said although rare, toddlers can suffer serious traumatic brain injuries from short falls.
Based on the review of all the evidence, Alcosiba-McKenzie’s version of the chain of events and factoring in acceleration and velocity at time of impact, the fall could have caused the injuries that caused the toddler’s death.
Upon cross-examination by Deputy Prosecuting Attorney Stephen Frye, Monson testified the fall could not have caused all the bruising he observed on the photos, and children “usually do not fall in a manner that the head takes all the energy.”
Monson also testified he had no opinion on how Garett-Garcia’s injuries were sustained, however, he opined the injuries could have come from a short fall.
The prosecution presented rebuttal witness Dr. Randell Alexander, a professor of pediatrics and pediatric child abuse at the University of Florida.
Alexander testified that after reviewing all of the evidence in the case he concluded that “this was a fatal physical abuse case.”
He contended based on his findings, Garett-Garcia would have had immediate problems resulting in death, contrary to Alcosiba-McKenzie’s version of the chain of events.
The prosecution and defense presented then their closing remarks.
DeWeese will deliver her verdict of second-degree murder, a lesser included charge of manslaughter or not guilty on Nov. 4.
The state contends Garett-Garcia died at the hands of Alcosiba-McKenzie.
Alcosiba-McKenzie had reported the toddler fell from an 18-inch bench while wearing virtual reality glasses and did not exhibit symptoms other than vomiting until she found him unresponsive hours later. She contended his sister had a flu previously, exhibiting the same symptoms, so she thought he was coming down with the same thing.
Police arrested in August 2018 Alcosiba-McKenzie, who was the boy’s caregiver, on suspicion of attempted second-degree murder and later released her. Charges were not formally filed until an October 2019 indictment, which stated Alcosiba-McKenzie intentionally or knowingly caused the death of Garett-Garcia including voluntarily omitting to obtain reasonable necessary and available medical service. The indictment was handed down after a Honolulu medical examiner ruled the manor of death homicide a year after Garett-Garcia’s death.
Alcosiba-McKenzie has been free on supervised release since her arrest following the indictment.
Meanwhile, a wrongful death lawsuit filed in April 2019 by Garett-Garcia’s parents Sherri-Ann Garett and Juben Garcia against the state Department of Human Services, Catholic Charities, state-licensed caregivers Chasity Alcosiba-McKenzie and Clifton McKenzie and others, continues. A motion providing additional time for the plaintiffs to submit a pretrial statement was extended in March.
No trial date has been set for the civil litigation.
The civil suit is seeking unspecified monetary damages, which Attorney Jeffrey Foster, counsel for Garett-Garcia’s parents Sherri-Ann Garett and Juben Garcia, previously said would be determined by a jury.
Clifton McKenzie has not been arrested or charged with a crime in connection with the incident, and is only a defendant in the civil litigation.