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 yesterday to a 20-year prison term for manslaughter in the death of his girlfriend's son, 2-year-old Kaimana Larry Dias-Duque.
"I loved this boy so much. I'm sorry. It was an accident," Arruda, 25, told the court before sentencing. "I understand the loss the family is going through. I, too, am going through the same loss."
Arruda
But Judge George Masuoka cited inconsistencies in Arruda's explanations about how the boy was injured Oct. 30.
A shoving match between members of the two families erupted outside the 5th Circuit Courthouse as Arruda was led away to begin serving his sentence. Lawyers, sheriffs and police broke up the confrontation.
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.
Prosecutor Craig De Costa said he knows the family, and "nothing in the investigation showed that the defendant is an evil person." He called the case tragic.
Two of the victim's grandparents told the court about their loss, and about their memories of a joyful child who had "bright and shiny eyes" and was "full of life." Grandfather Lawrence Duque said punishment was needed.
"Somebody took my grandson away and I'm not going to get him back. ... Something has got to be done to make the baby sleep well," he said.
Reach Jan TenBruggencate at jant@honoluluadvertiser.com or (808) 245-3074.
