State v. Cabral5/14/1991
Defendant Clifford Cabral (Clifford) appeals the family court's March 14, 1990 Judgment which notes that the jury found Clifford guilty of Count I (for the lesser-included offense of manslaughter) and Count II (for murder) for the death of Michael Chun (Michael), but sentences him only under Count II (for murder) to incarceration for life. Because the jury instructions were prejudicially insufficient, we vacate the March 14, 1990 Judgment and remand for further proceedings consistent with this opinion.
FACTS
Michael, Michelle Cabral's (Michelle) son from a prior marriage, was born on August 12, 1981. Clifford and Michelle were married on May 29, 1984. Michael was a regular patient at the Waianae Coast Comprehensive Health Center (WCCHC), which was open 24 hours a day. All of the costs of Michael's treatment were paid by Medicaid.
Michelle testified that on Saturday, August 2, 1986, Michael vomited his breakfast in the living room of the family residence. Clifford responded by striking Michael across the mouth, punching him in the stomach, and ordering him to his room. In the afternoon, when Michael emerged from his room and reported that he had again vomited, Clifford slapped and kicked Michael and then dragged him into the bathroom. From the direction of the bathroom, Michelle heard the sounds of water running, a stick hitting skin, and a thumping sound, as if someone had fallen in the bathtub. Later, Clifford repeatedly struck Michael across the mouth.
On Saturday evening, Sunday, and Monday Michelle fed Michael saimin (noodle) broth and liquids which Michael vomited soon after eating.
On Monday, Clifford twice prevented Michelle from taking Michael to the doctor. The first time he stated: "You're not going to go and pin this on me." The second time he stated that Michael was "just acting to get attention." On Tuesday evening, Clifford struck Michael's head and hands with a stick.
On Wednesday morning, Clifford and Michelle found Michael curled up on his bedroom floor, barely able to speak and complaining of a headache. Michelle took him to the WCCHC. Within five minutes of his arrival, Michael suffered cardiac arrest. Michael was immediately transferred to Kuakini Medical Center, where he was pronounced dead.
An autopsy revealed multiple bruises on Michael's body and traumatic injuries to his abdomen and head. Michael's body was both dehydrated and emaciated. His death was caused by the abdominal injuries and the subsequent absence of medical care and nurturing.
Clifford and Michelle were charged as follows:
Count I : On or about the 31st day of July, 1986, to and including the 6th day of August, 1986, in the City and County of Honolulu, State of Hawaii, CLIFFORD CABRAL and MICHELLE CABRAL, being the parents, guardians, or persons having legal or physical custody of Michael Chun, a person less than 18 years of age, did intentionally or knowingly cause the death of Michael Chun, thereby committing the offense of Murder, in violation of Section 707-701 of the Hawaii Revised Statutes.
Count II : On or about the 31st day of July, 1986, to and including the 6th day of August, 1986, in the City and County of Honolulu, State of Hawaii, CLIFFORD CABRAL, being the parent, guardian, or person having legal or physical custody of Michael Chun, a person less than 18 years of age, did intentionally or knowingly cause the death of Michael Chun by voluntarily omitting to perform a duty imposed by law, thereby committing the offense of Murder, in violation of Sections 707-701, and 702-203(2) of the Hawaii Revised Statutes.
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