The death of a 3-year-old boy in foster care is now a murder case.

KHON2 has been following the story of Fabian Garett-Garcia for more than year. Tonight the family says their worst fear has been confirmed with the arrest of his foster mother for second degree murder.

Big Island police made the arrest after asking a second pathologist to review the autopsy report, who then determined that Fabian’s death was not an accident.

Police arrested 44-year-old Chasity Alcosiba on Wednesday. She was the foster mother caring for Fabian and his two siblings in July 2017 when he died. The attorney for Fabian’s family says the arrest brings mixed emotions.

“We had our suspicions. Unfortunately those suspicions were confirmed yesterday. But sadness and heartbreak and the worst nightmare a parent could ever go through is unfortunately what they have been living with for the last 13 months,” said attorney Jeff Foster.

Fabian’s parents told KHON2 last year that Alcosiba had told them that Fabian was wearing virtual reality glasses when he fell off a table. Paramedics took him to the hospital where he died.

The medical examiner’s report released in March said that Fabian died of blunt force trauma to the head. But the report could not determine if it was accidental. So police then brought in another pathologist to review the autopsy report.

“We just wanted to ensure that the pathologist was correct in the initial determination,” said Capt. Chad Basque of the Hawaii Police Department.
“And so with this second pathologist, was it determined then that foul play was involved?” KHON2 asked.
“It was determined that it was a non-accidental head trauma,” said Capt. Basque.

“We’re encouraged at the diligence of HPD and I’m confident that the prosecutor’s office will pursue this case vigorously and hold any and all persons responsible for Fabian’s death,” said Foster.

The family also released a statement:

“Today, our suspicions and worst fears were confirmed when we were told that our three-year-old son Fabian Garett-Garcia was murdered. There are no words that can describe the way we feel today.

We would like to send our heartfelt thanks and aloha to Detective Carrie Akina and the Hawaii County Police Department for their hard work and dedication in bringing Fabian’s killer to justice. We would also like to thank our ohana, friends and community who have offered prayers, love and support during the most difficult time of our lives. Mahalo.

We are hopeful that criminal charges against Fabian’s killer will be filed promptly and pursued vigorously by the prosecutor’s office.

We also hope that Fabian’s murder will result in long-overdue changes to the way the State of Hawaii responds to complaints of child abuse against children in the State’s custody. We do not want any other family to have to endure the daily nightmare that we will be living through for the rest of our lives.”

Alcosiba was released but has not been charged. Police say they are still finishing up the investigation. And after that the case will be sent to the prosecutor’s office.