Care-home death likely
will bring 90-day term
A former care-home operator who was arrested for investigation of murder in the death of one of her clients pleaded guilty yesterday to second-degree assault by omission for failing to seek medical attention that could have saved the victim's life.
According to the terms of her plea agreement with the state attorney general, Virginia Birgonia, 59, will receive a 90-day prison term when she is sentenced Sept. 17 by Circuit Judge Dan Kochi. Birgonia remains free on her own recognizance. Her lawyer asked Kochi if he could order Birgonia to begin her sentence after January.
Because the victim was at least 60 years old, Birgonia was eligible for a mandatory minimum sentence of one year and eight months behind bars.
"But because the defendant was willing to accept responsibility early on and make amends, we eliminated the mandatory term," said Michael Parrish, a deputy attorney general.
Ushi Kaneshiro, 102, died April 9, 2002, at Birgonia's Waipahu care home. Initially, no foul play was suspected. But the Honolulu medical examiner later determined that Kaneshiro's death was caused by neglect. Police said Kaneshiro's body was covered with bedsores and showed signs of malnourishment.
Police arrested Birgonia Jan. 9, then released her pending investigation.
Birgonia told Kochi: "She (Kaneshiro) got sick, and I failed to take her to the doctor. I called 911 on that morning, but it was too late already. She died when the paramedics arrived."
Emmanuel Guerrero, Birgonia's attorney, said his client took Kaneshiro to a doctor several times earlier, then also fell ill. "She is very remorseful, but she also understands that she was in the business of caring for people and the ultimate responsibility was hers," Guerrero said.
Following her arrest, Birgonia relinquished her care-home operator license.