A 28-year-old Wailea man and a 24-year-old Kahului woman have been reindicted in a 2021 case involving the attempted murder of the woman’s infant son.

Christian Rosete is being held on $1 million bail and Passion Quirk is being held on $300,000 bail, both at the Maui Community Correctional Center, court records show.

Rosete and Quirk were reindicted on April 6. Rosete is charged with second-degree attempted murder, first-degree assault, two counts of second-degree assault and felony abuse of a family or household member.

Quirk is charged with second-degree attempted murder (by omission, failure to act in the incident) and first-degree child endangerment.

Both have pleaded not guilty to the charges.

On Tuesday, 2nd Circuit Court Judge Kelsey Kawano tentatively set a Sept. 18 trial for Rosete, Deputy Prosecutor Elizabeth Nardi said.

Also scheduled before Kawano is a status update on the case on June 1. At that time, Rosete’s case may be reassigned to another courtroom, Nardi added.

Quirk also had a status and bail hearing along with a setting of a pre-trial conference scheduled Tuesday before Kawano, but Nardi said Quirk’s attorney did not appear for the case, so the matter was continued to Thursday.

Nardi said the two defendants had to be reindicted after the Hawaii Supreme Court last year handed down an opinion that the state was required to define “substantial bodily injury” and “serious bodily injury.”

The Hawaii Supreme Court decided that the state needed to not only select which “species of injury” but also identify the exact injury, she said.

The original filings for the defendants did not have the specific language the Supreme Court was seeking, as that language wasn’t required when the charges were initially brought against the defendants, Nardi said.

Both were initially charged as co-defendants but were charged separately for the second filing.

The state did not refile assault charges for Quirk because “her criminality is ultimately based on omission — failure to act — than inflicting actual physical harm,” Nardi said.

But Rosete’s second-degree attempted murder charge is based on commission of inflicting physical harm.

He also has an additional second-degree assault charge in the reindictment.

His assault charges are for causing a bone fracture on one count and causing a detached retina in another count, Nardi said.

The two defendants were initially charged in 2021 for attempted murder of the boy, who was hospitalized after suffering bleeding in his brain, extreme malnutrition and other injuries that a doctor believed were caused by “abusive trauma.”

Quirk told police she and Rosete had been dating and that they were living in his car and staying in a carport at his mother’s residence in Wailea.

Quirk also told police that Rosete had abused her son, but she didn’t report it because she was afraid of Rosete.

Rosete had also been charged with abusing Quirk.

The child’s abuse came to light on April 30, 2021, when Quirk and her grandmother were at a Kahului restaurant when a server offered to call 911 because Quirk’s baby was turning blue and had bruises on his face.

Quirk initially refused, but the server followed Quirk to the parking lot, where she agreed to a call for an ambulance.

After the child was taken by ambulance to Maui Memorial Medical Center, he was transferred to the pediatric intensive care unit at Kapiolani Medical Center on Oahu.

The boy was discharged from the hospital on May 20, 2021, court records show.

* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com.