No Justice: 3YO Was Found Lifeless, Lying Face Down Beside "A Pool Of His Own Vomit On A Bed”

[Sugar Cookie]

A Kona grand jury indicted a foster care mother last week for the alleged 2017 murder of a 3-year-old Waimea boy.

Chasity Alcosiba-McKenzie was indicted on one count of second-degree murder in the July 25, 2017, death of Fabian Garett-Garcia.

The indictment states Alcosiba-McKenzie intentionally or knowingly caused the death of Garett-Garcia, including voluntarily omitting to obtain reasonable, necessary and available medical service.

Police arrested Alcosiba-McKenzie in August 2018 on suspicion of attempted second-degree murder, but charges were not filed until the Oct. 23 indictment.

She was the boy’s caregiver at the time of the incident

The arrest occurred after police earlier in the month received findings from a forensic pathologist that determined the boy died from non-accidental blunt force trauma to the head.
Fabian died at 7:54 p.m. July 25, 2017, at North Hawaii Community Hospital, just 37 minutes after emergency responders got the initial 911 call reporting an emergency involving the toddler at a Hoohoa Street home in Waimea.

Hawaii Fire Department personnel found “Fabian lifeless and lying face down beside a pool of his own vomit on a bed” in the McKenzie residence. Responders also observed “various stages of bruising” on the boy’s head, neck and body and “copious amounts of brown-color food-type vomitus in his throat,” according to a lawsuit filed by Fabian’s parents, Sherri-Ann Garett and Juben Garcia against the state, Catholic Charities, the caregivers and others for the wrongful death of their son.

Alcosiba-McKenzie — who the state licensed, appointed and compensated to provide temporary custodial care for children — told responders the bruising was caused by a fall from a 3-foot bench two weeks prior.

At the Waimea hospital, ER personnel “immediately suspected Fabian was a victim of child abuse.”

Foster mom indicted in 3-year-old’s death - Hawaii Tribune-Herald

Foster mom indicted in 3-year-old’s death - Hawaii News | Hawaii Tribune-Herald

www.hawaiitribune-herald.com

 

[hzlb]

After, the supposedly Fall where he hit a bench She not smart enough to go to a doctor to see, if he a o tay?
Think, we not getting a full story

 

[Sugar Cookie]

Either way she did not care about that boy or trying to save his life.

 

[The Night Nurse]

"Alcosiba-McKenzie — who the state licensed, appointed and compensated to provide temporary custodial care for children — told responders the bruising was caused by a fall from a 3-foot bench two weeks prior."


There has to be a way to spot someone capable of this before the license is issued.

 

[Sejanus]

In it for the money.
She gave no thought for the child and his well being.

Drown her in vomit.

 

[Sugar Cookie]

The parents of a 3-year-old who died in 2017 while in foster care are suing the state, Catholic Charities, the caregivers and others for the wrongful death of their son.

The “horrific injuries” that caused Fabian Garett-Garcia’s “tragic, untimely, and wrongful death” on July 25, 2017, were the result of negligence by the state Department of Human Services and its contract provider Catholic Charities, state-licensed caregivers Chasity Alcosiba-McKenzie and Clifton McKenzie and others yet to be named, the lawsuit filed Thursday in 3rd Circuit Court alleges.
Fabian’s parents, Sherri-Ann Garett and Juben Garcia, are seeking justice for their son and his ohana “by holding those responsible for his death legally accountable,” the family’s attorney said Friday. They are also looking to raise awareness of the longstanding and systemic problems with the manner in which the state appoints and oversees foster parents.

“And, to create change that will result in the protection of children in the foster care system here on Hawaii Island,” Attorney Jeffrey Foster continued.

The family, the attorney said, doesn’t want Fabian’s “death to be in vain.”

The civil suit demands a jury trial and is seeking unspecified monetary damages.

“We will be leaving the issue of damages to the jury,” Foster said Friday.

The lawsuit claims a chart note contained in “capital letters that domestic abuse is ‘SUSPECTED.’” It also states physicians noted bruising on Fabian’s forehead, right lateral orbital bone, left eyelid, left cheek to scalp line, right cheek, left chin, right forearm, left scapular region left flank and under the right eye, as well as subconjuntival hemorrhage in both eyes.

Neither Fabian’s mother, Garett, nor his father, Garcia, were called to the hospital, the lawsuit contends.

But, the lawsuit said, state Child Welfare Services social workers were present shortly after Fabian arrived via ambulance. The workers were seen and overheard speaking with Alcosiba-McKenzie while at the hospital.

That’s when Alcosiba-McKenzie’s story changed from what she’d told first responders at the home, the lawsuit alleges.

“In this second version of the story, Defendant Alcosiba-McKenzie claimed Fabian’s alleged fall with the virtual reality goggles occurred on the date of Fabian’s death – July 25, 2017, not July 12, 2017.”

The court filing also alleges the suspected abuse dated further back — and that the state and others were made aware.

“Fabian’s death followed months of visible injuries on Fabian and his younger siblings and numerous notifications of suspected child abuse by Fabian’s parents to defendant State of Hawaii’s social workers,” the lawsuit reads.

The two younger siblings were reunited with their parents in September 2017.

In addition, the lawsuit alleges that an employee of Catholic Charities sent an email to DHS advising the state agency of a police incident at the McKenzie residence that resulted in inaction.

Continue reading at link

Lawsuit filed in toddler death - Hawaii Tribune-Herald

Lawsuit filed in toddler death - Hawaii News | Hawaii Tribune-Herald

www.hawaiitribune-herald.com

 

[62julietandvoid]

Locked up in prison in Hawaii, nice. I don't see where it says why he was taken from his bio parents. Pisses me off they take these kids and give them to pple who kill them. Sometimes a baby is better off with crackheads.

 

[Sugar Cookie]

A not guilty verdict was reached 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.

Alcosiba-McKenzie opted for a bench trial, which means there is no jury, and Circuit Court Judge Wendy DeWeese on Thursday decided her fate. The trial began in August, but was delayed after a legal challenge came up. Closing arguments were heard Oct. 7.

DeWeese said Thursday she will file a 48-page document stating the findings of fact and conclusion of law that led to Alcosiba-McKenzie’s acquittal of second-degree murder and the lesser included offense of manslaughter charges.

DeWeese said the law is not about suspicion or speculation, the state must prove its case beyond a reasonable doubt.

“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,” she said.

She also said there was reasonable doubt as to when the injury actually occurred and that while very rare, an accidental fall could have caused Garett-Garcia’s death.

The judge also noted that while there was no reasonable doubt as to the cause of Garett-Garcia’s death (head trauma), there was a reasonable doubt that the manner of death was murder or manslaughter.

After DeWeese issued her ruling, Deputy Public Defender James Greenberg said it was a just verdict.

Hawaii County Prosecuting Attorney Kelden Waltjen, speaking from Hilo after the verdict was rendered in Kona, said his office was disappointed in the court’s decision and believed the state did provide proof beyond a reasonable doubt.

“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.

Alcosiba-McKenzie said she is just glad it’s done.

“I can’t wait to get back to work and see my son,” she said.

The state contended 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 on July 25, 2017, 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 in August 2018 arrested 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.

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.

Woman found not guilty in death of child - Hawaii Tribune-Herald

A not guilty verdict was reached Thursday in the trial of a 47-year-old Waimea woman charged with the 2017 murder of a Waimea toddler.

www.hawaiitribune-herald.com

 

[zzouy]

Alcosiba-McKenzie said she is just glad it’s done.

“I can’t wait to get back to work and see my son,” she said.

I can’t believe she actually said that

 

[runninfawn]

the parents and family of the dead toddler "their trama will never be done" and they will never "see their child again" . Alcosiba-McKenzie should have had the decency to keep her mouth shut cuz she just rubbed salt in those poor parents' injuries...