LIHU‘E — David Nicholas Arruda apologized for his role in the death of his girlfriend’s 35-month-old baby moments before being sentenced to 20 years on a manslaughter charge in Fifth Circuit Court yesterday. Choked with emotion like many of the
LIHU‘E — David Nicholas Arruda apologized for his role in the death of his girlfriend’s 35-month-old baby moments before being sentenced to 20 years on a manslaughter charge in Fifth Circuit Court yesterday.
Choked with emotion like many of the over-two-dozen family members in the gallery, Arruda said he was “so sorry for the tragedy that happened. It was an accident.”
But Donna Dias, baby Kaimana Dias-Duque’s maternal grandmother, said that Arruda “hurt and nearly destroyed three families,” the Dias family, the Duque family, and Arruda’s own family. Arruda has a child with Dias-Duque’s mother.
The emotion in the courtroom wound up bubbling over to the parking lot across from the Lihu‘e courthouse, where members of the Duque family and Arruda family had to be separated by police and sheriffs. Arruda’s mother, who witnesses said was already suffering from health problems, wound up being treated by Kaua‘i Fire Department personnel and taken via ambulance to Wilcox Memorial Hospital.
David Nicholas Arruda, who was charged in the death of Dias-Duque after not seeking medical help when the boy sustained an injury that saw the youngster slip into a state of unconsciousness, will likely serve at least six years, eight months in jail, because of state sentencing guidelines.
Sentencing is usually set by members of the Hawaii Paroling Authority in the state Department of Public Safety.
The mandatory minimum was set, Fifth Circuit Court Judge George M. Masuoka said, because state laws require it if the victim of a Class-A felony is under 8 years old. Arruda’s lawyer, Mark Zenger, said he reserved the right to appeal the constitutionality of that portion of state law.
Arruda was originally charged with second-degree murder in the Nov. 1, 2004, death of Dias-Duque, after he waited over six hours to call an ambulance after the boy slammed his head and became unconscious while playing with Arruda. Dias-Duque died two days later.
But prosecutors and Zenger reached a plea deal in March to the manslaughter charge, which carries the mandatory, 20-year sentence.
The boy’s grandmother said she often wondered what kind of person Dias-Duque would have become.
“Not a day goes by I don’t miss my grandson,” said Dias. “I will never hold him in my arms, see his shiny eyes again, tell him I love him.”
She added that Arruda has still not taken full responsibility for his actions.
“He takes no responsibility for Kaimana’s injuries,” she continued.
“Thanks (to Arruda), Thanksgiving, Christmas, Easter, Boy’s Day, all became painful days.”
She also said Arruda’s story changed after police confronted him with more evidence.
According to the affidavit in support of Arruda’s initial arrest signed by Kaua‘i Police Department Detective Marvin Rivera, Arruda, in the first two interviews, said the boy was laughing after banging his head during some horseplay in Arruda’s home.
The boy later went to sleep, and Arruda found him having difficulty breathing, he said. Arruda was watching the boy while his girlfriend, the boy’s mother, was at work, the documents say.
But in a third interview, the court documents continue, Arruda said he was throwing the boy in the air and catching him. But he missed, and the boy fell to the floor, hitting his head. Arruda then grabbed the boy by the knees and was swinging him around, and he hit his head again. The impact caused the boy to go unconscious, and Arruda panicked and pretended the boy was asleep when his mother came home, according to the court documents.
Zenger said his client was scared by what had happened, and just like he was afraid to originally call police, he was afraid to tell the truth to investigators. But he was always remorseful.
Arruda said yesterday that he continues to suffer for his actions last year.
“The same suffering (Dias-Duque’s family) go through, I go through,” he said.
Dias-Duque’s paternal grandfather said that, while he understands that Arruda is remorseful, his grandson is still gone.
“I don’t wish for none of this,” said Lawrence Duque while addressing the court. “But somebody took my grandson away. Something needs to be done to let the baby sleep well.”
