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The Honolulu Advertiser

Posted at 4:11 p.m., Tuesday, June 7, 2005

Kaua'i man gets 20 years in child's death

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — David Arruda was sentenced today to 20 years in prison for manslaughter in the death of 2-year-old Kaimana Larry Dias-Duque.

"I loved this boy so much. I'm sorry. It was an accident," Arruda, 25, had told the court before sentencing. "I understand the loss the family is going through. I, too, am going through the same loss."

But Judge George Masuoka cited inconsistencies in Arruda's explanations about how the boy was injured Oct. 30.

Arruda was the boyfriend of the child's mother, Jessica Dias, and she has since given birth to Arruda's baby. He said he was alone at home with Kaimana and was swinging him around by his legs when his head hit a table. The boy lost consciousness but Arruda did not tell the child's mother about the accident. Dias said she thought he was sleeping.

It was not until Kaimana stopped breathing several hours later that they sought medical attention. He died two days later.

Arruda originally was charged with second-degree murder, but pleaded guilty March 3 to manslaughter.

Masuoka said there was evidence of other blows to the child's head, which were attributed to the active youngster running into a counter. The judge questioned Arruda's statement that the boy had been happy and laughing even after suffering significant injuries previous to the one that knocked him unconscious.

"There is some question whether it was accidental," Masuoka said.

Arruda was given the mandatory 20-year term, and because the victim was younger than 8, he must serve at least six years and eight months before being considered for parole.