Foster mother Chasity Alcosiba, 45, was charged with second-degree murder following the death of Fabian Garcia, 3, who was put under her care in Hawaii.

The baby who died in 2017 has been described as “lying face down and lifeless beside a pool of his own vomit.” He and his younger siblings were placed under Alcosiba’s care by the state at the time. The boy died at the North Hawaii Community Hospital. According to the Hawaii Tribune-Herald, respondents also observed different stages of bruising throughout Fabian’s head, neck, and body and heavy amounts of brown-colored food-type vomit in his throat.

Initially, the foster mother told authorities that the baby had a three-foot fall from a workbench two weeks earlier but later changed her story that he had fallen on the day he was found injured and unresponsive. She added he was wearing virtual reality goggles. It was later revealed that Fabian died from the head-to-head trauma of non-accidental blunt force.

His parents, Sherri-Ann Garett and Juben Garcia, filed a lawsuit against Alcosiba, but the reason he was placed in foster care is still unknown.

According to the lawsuit, a chart note in block letters indicating that domestic abuse was suspected. It also indicates bruising on Fabian’s forehead, right lateral orbital bone, left eyelid, left cheek to scalp line, right cheek, left chin, right forearm, left scapular region left flank and under the right eye, as well as subconjunctival hemorrhage in both eyes.

The horrific injuries that caused the “tragic, untimely, and wrongful death” of Fabian Garett-Garcia on July 25, 2017, were the result of negligence by the State Department of Human Services and its contract provider Catholic Charities, state-licensed caregivers Chasity Alcosiba-McKenzie and Clifton McKenzie, and others that had yet to be named, the lawsuit alleged.

The lawsuit also stated: Fabian’s death followed months of visible injuries to Fabian and his younger siblings, as well as numerous reports of suspected child abuse by Fabian’s parents to the social workers of the defendant state of Hawaii. The two younger children were reunited with their parents in September 2017.

“For the last two and a half years, the Garett-Garcia family has been stuck in purgatory, waiting for Fabian’s killer to be held legally accountable for Fabian’s death, the family’s attorney, Jeffrey Foster, told Hawaii News Now. “While the legal charges for the foster mother confirm the family’s worst fears, it also serves as an indictment for the foster care system on Hawaii Island.”

Originally, Alcosiba’s bail was set at $500,000, but on Thursday a judge lowered it to $10,000.

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