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Man found guilty in death of baby


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POSTED: Friday, February 12, 2010

A state judge found an admitted methamphetamine addict guilty yesterday in the death of a toddler thrown from an H-1 pedestrian overpass.

Circuit Judge Dexter Del Rosario ruled that Matthew Higa “;intentionally or knowingly”; caused the death of Cyrus Belt, 23 months old, on Jan. 17, 2008.

Belt's mother, Nancy Chanco, and the defendant's father, Shelton Higa, were in court yesterday to hear the verdict. Both left without comment, Chanco in tears.

The verdict draws to a close a criminal case that stunned the state and offered a chilling glimpse into the world of “;ice”; addiction.

“;I think that people were so appalled by this,”; said Honolulu Prosecutor Peter Carlisle. “;It is yet again testimony to the horrific nature of crystal methamphetamine.”;

For second-degree murder, Matthew Higa, 25, faces a mandatory life prison term with the possibility of parole. But because of Belt's age, he will not be eligible until he has served at least 15 years of the life sentence.

Del Rosario has not set a sentencing date because the state has asked him to impose an enhanced prison sentence of life without the opportunity for parole because Belt was younger than 8 years old.

Before Del Rosario can consider the stiffer penalty, a jury needs to find Higa eligible for it. Higa could, as he did in trial, waive his right to a jury and let Del Rosario make that determination.

If Higa does not get the enhanced sentence, Carlisle said he will ask the Hawaii Paroling Authority to require him to serve 200 years of the life sentence before gaining eligibility.

;[Preview]  Higa's Verdict Reflects Crystal Meth Problem In Hawaii
 

Prosecutors blame “;ice”; for the sad state of affairs.

Watch ]

 

Higa did not dispute the evidence against him: a witness who saw him throw Belt off the overpass, and Higa's own same-day admission to police that he did so.

But his lawyer, Randy Oyama, said Higa did not commit murder because Belt was already dead before he plunged off the overpass.

The medical examiner said Belt died from the fall.

Higa admitted being a meth addict and tested positive for the drug after he was arrested.

As shocking as Higa's actions were, the murder raised broader outrage in the community over the state's child welfare system.

A history of drug use had prevented Chanco from properly caring for the toddler and two older sons on repeated occasions, according to records released in 2008 by the state Department of Human Services. Belt spent four days in foster care in 2006.

A trial, Chanco admitted that on the day of her son's death, she was occupied with illegal gambling and methamphetamine use.

She had left Belt in the care of her 62-year-old father, Lilo Asiata, and 29-year-old boyfriend, Shane Misuzawa, but earlier that morning a police officer found the boy wandering the neighborhood alone and brought him back home.

HIGA TIME LINE

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Feb. 7, 2006 » Nancy Chanco gives birth to Cyrus Belt, right. Chanco used drugs while pregnant.

Feb. 9, 2006 » Child Protective Services confirms there is a threat of abuse and neglect of Belt by his mother. The case is referred to Home-Based Support Services.

April 11, 2006 » Home-Based Support Services closes Chanco's case and describes Chanco as an “;attractive and intelligent woman”; who seems to be an “;intuitive parent.”;

June 19, 2006 » Belt is put into foster care for four days after police allege Chanco's drug use put her child in danger.

Aug. 10, 2006 » CPS closes the case, saying she has been consistent in unannounced home visits and that the “;home has been deemed safe.”;

Jan. 17, 2008 » Belt is thrown off a pedestrian overpass onto the H-1 freeway and dies. Police had found him wandering earlier in the day and brought him back to his grandfather. Chanco admits on the witness stand that she used “;ice”; and went to gamble on the day of her son's death. Matthew Higa, a 23-year-old neighbor, is arrested after he is detained by witnesses.

Jan. 18, 2008 » People touched by the death begin leaving flowers and stuffed animals at the Miller Street pedestrian overpass. The site becomes a memorial for Belt.

Jan. 22, 2008 » Higa appears in District Court on murder charges and pleads not guilty.

Jan. 24, 2008 » A memorial service is held for Belt.

Jan. 29, 2008 » Prison officials say they are holding Higa in isolation for his own safety.

June 24, 2009 » Matthew Higa declares himself mentally fit to stand trial, and his lawyer asks for a judge rather than a jury to decide the case. Higa's lawyer says it will be difficult to find an impartial jury. Two of three mental health experts appointed to examine Higa find him fit to stand trial.

Jan. 25 » Opening arguments begin and the first witnesses are called in Higa's murder trial.

Feb. 4 » Closing arguments are held.

Yesterday » A guilty verdict is announced.