As the Indictment alleges, Alcosiba-McKenzie was charged with Murder in the Second Degree, which carries a penalty of life in prison with the possibility of parole. The trial is scheduled to resume on Tuesday in Kona Circuit Court. Alcosiba-McKenzie remains on supervised release.
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.
The initial autopsy said that he died from blunt force trauma to the head, but the medical examiner could not rule if the death was accidental. The indictment alleges Alcosiba-McKenzie failed “to obtain reasonably necessary and available medical services… he was suffering from serious physical harm.”
Because the victim is a child, prosecutors are seeking a harsher penalty if the foster mother is convicted. The same law also applies to elderly victims.
The case is being prosecuted by Deputy Prosecuting Attorney Kate Perazich and First Deputy Prosecuting Attorney Stephen Frye.
Perazich says murder can be applied when the suspect intentionally kills someone, or when the suspect fails to get help for the victim under their care.
The charges are merely allegations, and the Defendant is presumed innocent unless and until proven guilty.
The Office of the Prosecuting Attorney remains dedicated to the pursuit of justice with integrity and commitment. Anyone having information to assist local law enforcement should call Crime Stoppers at (808) 961-8300 in East Hawai‘i or (808) 329-8181 in West Hawai‘i.
