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The Honolulu Advertiser

Posted at 4:37 p.m., Tuesday, February 1, 2005

Kaua'i man charged in death of 2-year-old

Advertiser Staff

LIHU'E, Kaua'i — A 25-year-old man has been accused in the death of his girlfriend's 2-year-old son.

David Arruda, 25, was arraigned for second-degree murder in the death of Kaimana Larry Dias-Duque.

Prosecuting attorney Craig De Costa said Arruda was responsible for caring for the child on Oct. 30, when the boy suffered the injuries that led to his death Nov. 1. A preliminary hearing is scheduled Thursday. Arruda is being held in lieu of $100,000 bail.

De Costa would not describe the circumstances alleged in the case. Defense attorney Mark Zenger said the child's injuries were not intentionally inflicted and may have been received during roughhousing. The boy was initially taken to the hospital on Kaua'i, then transferred to Kapi'olani Medical Center for Women & Children in Honolulu, where he died.

The boy's parents are Jessica Dias and Justin Duque.

De Costa said prosecutors interviewed Arruda more than once during the past three months, but that they waited until final medical examiner reports were completed and the case could be discussed with physicians before arresting him yesterday.