Jury trial for a woman accused of murder in the 2017 death of a 3-year-old Waimea boy has been continued again.
Chasity Alcosiba-McKenzie is now set to stand trial March 24 on a single count of second-degree murder in connection with the July 25, 2017, death of Fabian Garett-Garcia. Alcosiba-McKenzie, who was Garett-Garcia’s caregiver, pleaded not guilty to the offense on Oct. 31, 2019, eight days after being indicted by a Kona grand jury.
Trial had originally been slated for early January prior to Kona Circuit Court Judge Melvin H. Fujino granting a motion filed by Deputy Public Defender Ann Datta on behalf of Alcosiba-McKenzie, which moved the date to Feb. 18. Another motion was filed Jan. 27, which Fujino granted after Alcosiba-McKenzie waved her right to a speedy trial.
Alcosiba-McKenzie remains free in lieu of $10,000 bail pending trial.
Police initially arrested Alcosiba-McKenzie in August 2018 on suspicion of second-degree murder after findings from a forensic pathologist determined the Garett-Garcia died from nonaccidental blunt force trauma to the head. However, Alcosiba-McKenzie was released when prosecutors declined to file charges at the time, police said in a press release.
The indictment handed down Oct. 23, 2019, states Alcosiba-McKenzie intentionally or knowingly caused the death of Garett-Garcia including voluntarily omitting to obtain reasonable necessary and available medical service.
Garett-Garcia 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.
Meanwhile, a wrongful death lawsuit filed in April 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 remains in the pleading and discovery phases.
No trial date has been set for the civil litigation, which is seeking unspecified monetary damages, to 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.
