Man gets 10
years for suffocating
girlfriend’s son

Mikael Malakha had put a sock
in the boy's mouth to
keep him quiet

By Crystal Kua
Star-Bulletin

Mikael Malakha called 3-1/2-year-old Zachary Riviera the most courageous person he has known.

"I love Zachary," Malakha told a Circuit Court judge this morning. "I'm very, very sorry he's no longer living."

Moments later, Circuit Judge Herbert Shimabukuro sentenced Malakha to 10 years in prison for manslaughter for suffocating Zachary to death in 1991.

Shimabukuro, who also ordered that Malakha spend at least three years and four months in prison before being eligible for parole, commented that the Hawaii Paroling Authority should release Malakha "as soon as possible" following the mandatory minimum prison term.

Zachary Riviera, who was severely mentally handicapped, was the son of Malakha's girlfriend, Gina Lynn Riviera.

The incident that led to his death occurred on Oct. 21, 1991, in Malakha's Ala Moana apartment.

Malakha tied strips of cloth around the boy's head and stuffed a sock in his mouth.

The prosecution argued during last month's nonjury trial before Shimabukuro that Malakha committed second-degree murder because he knowingly killed the boy.

The defense said that Malakha's conduct was reckless and he did not intend to cause the boy's death; he said he was trying to stop the boy's crying.

The boy was checked every 10 to 15 minutes until it was discovered that he had stopped breathing.

Gina Lynn Riviera testified during the trial that her son was unable to use his hands to tear off the binding that held the sock in place.

She testified that Zachary cried a lot because of a congenital brain disease. She said the couple developed a routine to quiet him while they were having sex. They gagged him at least five times before the incident that led to his death. Zachary Riviera died four days later.

Shimabukuro found that Malakha, also known as Michael Munford, was guilty of the lesser offense of reckless manslaughter.

Gina Lynn Riviera pleaded guilty to manslaughter in 1996 for her role in the death of her son. She was sentenced to probation with no jail time as part of a plea agreement.

Defense lawyer Myles Breiner today asked Shimabukuro to give Malakha the same sentence as Riviera received.

But Deputy Prosecutor Glenn Kim said because Malakha caused the death of someone younger than 8 years old, he is not eligible for probation.

Shimabukuro expressed concern that Riviera, who was sentenced by another judge, was given probation for the same offense even though the law says she should have received prison.

Shimabukuro, in response to a request by Breiner, said he would like the paroling authority to consider releasing Malakha as soon as possible after the mandatory minimum is completed, which is seven months from now.

"I'm sure Mr. Malakha is not going to do that again," Shimabukuro said of Malakha's actions in the case.

Because Zachary Riviera died in 1991, Malakha is subject to the previous maximum penalty of 10 years in prison for manslaughter. Manslaughter is now a class A felony with a 20-year prison term.