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IN THE COURTS

Man who killed baby
sentenced for stomping on
other son’s head

By Susan Kreifels
Star-Bulletin

A Nanakuli man who murdered his 3-month-old son was sentenced yesterday to five years in jail for stomping on the skull of an older son.

Eugene Tabag, who pleaded guilty to second-degree assault, must serve a minimum of one year and eight months, concurrent with his sentence for beating son Austin to death. He was sentenced by District Family Court Judge John Bryant.

The state had planned to charge Tabag with second-degree attempted murder, but dropped the charge to assault in exchange for the guilty plea and waiving indictment, said Deputy Prosecutor Victor Bakke.

Tabag and the state also agreed to a joint sentencing recommendation to the Hawaii Paroling Authority that he serve a minimum of 25 years before becoming eligible for parole. Bakke said the hearing is tentatively set for April.

It's up to the parole board to set the minimum time, which could range from 15 years to life under a statute governing sentencing for crimes against children.

In the second case, Tabag was accused of fracturing the head of his 1-month-old son Zeus by stomping on him in 1995. The child lives but suffers from developmental problems.

Last May his son Austin died from a fractured skull.

"The pattern of abuse is really clear," Bakke said.

Man pleads guilty in woman's beating death

A man yesterday pleaded guilty to second-degree assault in the death of an 80-year-old woman living in a Waipahu care home.

Wallace Curtis, also known as Wallace Hasegawa, admitted he beat up the woman last August. She later died in a hospital, said deputy public defender William Bagasol.

The state originally charged Curtis, 52, with second-degree murder and first-degree burglary, but those charges were dropped in a plea agreement.

Bagasol said medical exams showed complications during surgical procedures at the Queen's Hospital contributed to the victim's death. She might have otherwise survived, Bagasol said.

Curtis, who suffered from a stroke, was living in the home with several schizophrenic patients but didn't suffer from it himself, Bagasol said. He had complained for several months about other patients talking to him.

Curtis had been scheduled for trial this week before Circuit Judge Marie Milks. He's scheduled for sentencing April 28.

Suspect pleads not guilty in sex assault of child

A 38-year-old man who testified in a sex-assault case pleaded not guilty yesterday to sexually assaulting a minor under 14 over a two-year period.

Hoyt Fortin pleaded not guilty to four counts each of first-degree, second-degree and third-degree sexual assault allegedly occurring between Jan. 4, 1993, and Jan. 3, 1995.

Fortin testified at two trials for former prison guard James Thompson, charged with preying on five teen-age girls in Mililani in 1997, abducting and sexually assaulting three of them.

Thompson goes to trial a third time March 6 after mistrials were declared in the first two.

Fortin testified at the two earlier trials that he was with Thompson -- a Mililani High School classmate -- at the Waipio Zippy's and at Wal-Mart in Mililani on the day one of the alleged incidents took place.

Thompson's attorney, deputy public defender Todd Eddins, said he did not want to comment on whether the charges against Fortin would have an impact on Thompson's third trial.

Chief justice nominates family court judges

Chief Justice Ronald Moon has nominated Barbara P. Richardson as an Oahu district judge, Aley K. Auna, Jr. and Terrence T. Yoshioka as Big Island Family Court judges.

The nominations are subject to confirmations by the Senate.

Richardson, to replace Judge Steven Nakashima who resigned in April, is in private practice and a per diem Oahu district judge. She used to be a deputy corporation counsel on the Big Island.

Auna, to replace Judge Victor Cox who resigned in September, is a deputy attorney general assigned to the Family Law and Social Services divisions in Hilo.

Yoshioka is a partner in the law firm of Nakamoto, Yoshioka and Okamoto in Hilo. He is expected to fill a newly established Family Court judgeship.

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By Star-Bulletin staff