Man faces 20 years
for death of toddler

LIHUE » A 25-year-old Kauai man pleaded guilty yesterday to the lesser charge of manslaughter in the death of his girlfriend's 35-month-old toddler.

Facing Circuit Judge George Masuoka, David Nicholas Arruda agreed to a plea bargain that carries a sentence of up to 20 years in prison and a possible fine of up to $50,000. Sentencing is set for May 3.

On Oct. 30, while in Arruda's care, Kaimana Larry Dias-Duque hit his head on a coffee table and lost consciousness. The two had been roughhousing, and Arruda was swinging the boy when the incident occurred. According to Arruda's attorney, Mark Zenger, his client panicked and put the child to bed instead of seeking medical attention.

Jessica Dias, mother of Dias-Duque, returned home an hour later but thought her child was napping. Another four hours passed before the toddler stopped breathing. He was then rushed to the hospital and subsequently airlifted to Kapiolani Medical Center for Women & Children where he died two days later.

"My client recognizes he was wrong," Zenger said. "He feels deep remorse. This is a tragic case. These are the best results I could hope for."

Only a few family members were present in the courtroom. Lawrence Duque, paternal grandfather of the deceased and present for each court date, sat in rapt attention during the brief hearing.

Outside, he shook his head sadly. "I'm not happy. I feel for (Arruda's) family," he said, adding that the sentence "still doesn't (give) me back my boy."