Boy, 12, Indicted In Brother's Killing

[rockin'robin]

Too young to be indicted on a murder charge??

12-Year-Old Youngest Person Ever In Duval Co. Indicted On Murder Charge

JACKSONVILLE, Fla. -- A 12-year-old boy was indicted Thursday on first-degree murder charges in the beating death of his 2-year-old brother.

Cristian Fernandez beat David Galarriago on March 14 at the Carrington Place Apartments in the 11800 block of Alden Road, according to the state attorney's office. The toddler died at Shands Jacksonville Medical Center two days later from blunt force trauma to the head, prosecutors said.

Fernandez is the youngest person ever indicted on murder charges in Duval County.

"The fact that we indicted a 12-year-old in and of itself is a stunning event and a sad event in our prosecutorial lives that we had to do this, but it is the only legal mechanism that we can use to protect the community from this particular defendant at this point," State Attorney Angela Corey said.

Details of the killing have not yet been released.

Bianella Susana, Fernandez's mother, was home at the time of the beating, along with the 12-year-old's two other half-siblings, Corey said.

Susana has been charged with negligent manslaughter.

No one was at the family's home Thursday to comment on the indictment. Corey said the family moved to Jacksonville to Miami less than a year ago.

"In a case of this magnitude where the facts are absolutely provable as first-degree murder, then the only way that we can trust that we can fashion any kind of a sentence that both protects the public and at some point tries to help someone who is 12 years old and commits a first-degree murder is to put it in the adult system and work from there," Corey said.

Fernandez was being housed with other juveniles at the Duval County Jail. He was given access to a counselor.

Before Thursday's indictment, the youngest person to be indicted in Duval County was a 13-year-old who killed a correctional officer decades ago.

 

[Beach girl]

How awful. What would possess a 12-year-old to kill a toddler?

 

[jillio]

This is no doubt a child that was in need of serious mental health intervention prior to this incident.

 

[rockin'robin]

It was all over the news (TV) tonight...they say he will remain in juvenile detention custody until he is 18...then will be transferred to a prison facility....He looked like a really sweet kid!...Heart-breaking, isn't it?....And to think the Mother was home at the time this was happening....

Ahh...someone did note that when he reaches the age of 18 and then sent to prison...if he is incarnated more than 10 years (in prison)...then he should never be allowed out...Prison makes a person worse than the way they are before going in after a long time.....Plus he's gonna have to fight and fight the older adults in there!....Coming out of there unscalthed is unthinkable....he's doomed one way or the other...as such a young life.....

 

[jillio]

Interesting that his mother was charged with negligent man slaughter.

 

[Bottesini]

Interesting that his mother was charged with negligent man slaughter.

I don't understand how that can work.

 

[rockin'robin]

The news stated....that before the death of the little boy...he had suffered a broken arm...the mother said that he "fell"...but to find out the 12 yr. old. had done it....Family Services had been called to the apartment several times....and the Mother was home when the 2 yr. old. was killed...why didn't she intervene?.....Also, it said that when the Mother found the little boy on the floor, unconscious...she went on the computer and goggled "concussion"...she did not take him to the hospital right away....he died 2 days later....The Mother was also known to leave the 12 yr. old to take care of the 2 year old often.....

There were also 2 other children in the home, and Family Services removed them. The Mother is just as guilty as her son!...She knew what was going on, and did nothing to get help for the 12 year old.

 

[deafskeptic]

The news stated....that before the death of the little boy...he had suffered a broken arm...the mother said that he "fell"...but to find out the 12 yr. old. had done it....Family Services had been called to the apartment several times....and the Mother was home when the 2 yr. old. was killed...why didn't she intervene?.....Also, it said that when the Mother found the little boy on the floor, unconscious...she went on the computer and goggled "concussion"...she did not take him to the hospital right away....he died 2 days later....The Mother was also known to leave the 12 yr. old to take care of the 2 year old often.....

There were also 2 other children in the home, and Family Services removed them. The Mother is just as guilty as her son!...She knew what was going on, and did nothing to get help for the 12 year old.

Ah, no wonder charges are being brought against her.

 

[jillio]

I don't understand how that can work.

He is a minor. It is her legal responsibility to supervise him. There must have been evidence that these children were not being properly supervised.

 

[jillio]

The news stated....that before the death of the little boy...he had suffered a broken arm...the mother said that he "fell"...but to find out the 12 yr. old. had done it....Family Services had been called to the apartment several times....and the Mother was home when the 2 yr. old. was killed...why didn't she intervene?.....Also, it said that when the Mother found the little boy on the floor, unconscious...she went on the computer and goggled "concussion"...she did not take him to the hospital right away....he died 2 days later....The Mother was also known to leave the 12 yr. old to take care of the 2 year old often.....

There were also 2 other children in the home, and Family Services removed them. The Mother is just as guilty as her son!...She knew what was going on, and did nothing to get help for the 12 year old.

Ahhh...thanks for that explanation. Makes sense they would file charges against her.

To think, the possibility that all this could have been avoided had these children had a responsible adult as a parent.

 

[deafdyke]

Ahh...someone did note that when he reaches the age of 18 and then sent to prison...if he is incarnated more than 10 years (in prison)...then he should never be allowed out

Do they have that in some states? An option so that if a juvie turns out to be dangerous or truely incorriable, they can continue serving their sentance as an adult?
There was a more horrifying case recently. The kid ( I think he was ten) of a white supermatist dad shot his dad. From what I read, the kid in that case was a real stereotypical troublemaker....like he'd been thrown out of schools for severe behavorial issues etc.

 

[rockin'robin]

Do they have that in some states? An option so that if a juvie turns out to be dangerous or truely incorriable, they can continue serving their sentance as an adult?
There was a more horrifying case recently. The kid ( I think he was ten) of a white supermatist dad shot his dad. From what I read, the kid in that case was a real stereotypical troublemaker....like he'd been thrown out of schools for severe behavorial issues etc.

Not really sure what you're implying or asking...but my way of thinking is...the 12 yr. old was tried/convicted as "an adult"...but will remain in the custody of the Juvenile Detention Facility until he is 18, then be transferred to an adult Prison....Possible that he could be transferred to a Mental Health Prison Facility, also, when he reaches 18....if he is deemed mentally ill or sick...but then again, I'm not too sure about that....Seems the kid is gonna need all the help he can get!...Such a sad, waste of life....

 

[jillio]

Not really sure what you're implying or asking...but my way of thinking is...the 12 yr. old was tried/convicted as "an adult"...but will remain in the custody of the Juvenile Detention Facility until he is 18, then be transferred to an adult Prison....Possible that he could be transferred to a Mental Health Prison Facility, also, when he reaches 18....if he is deemed mentally ill or sick...but then again, I'm not too sure about that....Seems the kid is gonna need all the help he can get!...Such a sad, waste of life....

He could also be sent to a juvenile forensic mental health facility. He would just remain in the custody of juvenile detention so that if he got better, he would return to the juvenile detention facility.

 

[tigersharkdude]

maybe Im wrong but IMHO if you kill another human being on purpose, i dont care how old you are, you should go to jail for murder

 

[jillio]

maybe Im wrong but IMHO if you kill another human being on purpose, i dont care how old you are, you should go to jail for murder

Even when a child is too young to form intent?

 

[Beach girl]

Twelve is old enough to form intent.

 

[jillio]

Twelve is old enough to form intent.

Where exactly did I say that it wasn't? I was responding to the previous posters statement of "no matter what age".

And whether a 12 year old is capable of forming intent in the way that an adult would is highly debatable. A 12 year old has many developmental tasks that have not been completed, nor is their frontal lobe developed to the degree to allow higher level cognition regarding action and consequence in the long term. A 12 year old is also highly impulsive in behavior and decision making processes. This holds true not just for 12 year olds, but throughout the adolescent years and until approximately the age of 24 or 25.

 

[Babyblue]

I don't understand how that can work.

She left the baby in the 12 year olds care after he has broken the baby's leg before. Also she waited too long to take the baby to the hospital when she got home she waited Two hours before taking action.



Here is the link with more details.



Corey: Age, Abuse No Excuse For Murder - Jacksonville News Story - WJXT Jacksonville

Corey: Age, Abuse No Excuse For Murder

12-Year-Old Youngest Person To Face Murder Charge In Duval County


POSTED: Friday, June 3, 2011

Jacksonville Sheriff's Office booking photo of Cristian Fernandez


JACKSONVILLE, Fla. -- As lawyers debate whether a 12-year-old charged with killing his toddler brother should be prosecuted as an adult, Channel 4 has learned about the troubled life of the boy and his mother, who give birth to the boy when she was only 12.
According to police documents, 2-year-old David Galarriago was beaten on March 14 by his half-brother, Cristian Fernandez. He died a few days later at a hospital. The 12-year-old was indicted Thursday on a charge of first-degree murder and was moved from juvenile detention to the Duval County jail.
While Frenandez's mother, Biannela Susana, 25, was not home at the time of the beating, she was charged with negligent manslaughter in connection with the toddler's death According to her arrest report, when Susana came home and found the toddler unconscious, she wiped him off, changed his clothes and put ice on his head, hoping it was just a concussion and the boy would wake up.
Police said she did not immediately call 911 and waited two hours before driving David to St. Luke's Hospital. Doctors told police that if she had sought immediate medical treatment, the boy might have survived.



According to court documents, this wasn't the first time that David was injured at the hands of Fernandez. The 2-year-old victim suffered a broken leg in January that was initially blamed on a fall from a jungle gym. Court records show that Susana later admitted to the Florida Department of Children and Families that she lied to investigators and that Fernandez broke his younger brother's leg while wrestling with the boy.
Police said Susana continued to allow Fernandez to baby-sit his younger brother.

While there is no precedent for charging a 12-year-old with first-degree murder in Duval County, State Attorney Angela Corey said that her office had no choice.
"We were not comfortable, based on his history and the events where he killed his 2-year-old brother, that we could protect anyone that he was around," Corey said. "The juvenile system does not give us sufficient options or enough time. Basically, we would have lost jurisdiction over him in about 8½ years."
Fernadez's public defender disagrees, saying Fernandez should be given a chance for treatment in the juvenile system. Attorney Rob Mason said the boy has been abused his entire life and he has never been to counseling, and he stands a better chance of rehabilitation in the juvenile system than in an adult prison.
"He is motivated for treatment. He has insight," Mason told Channel 4's Jim Piggott. "He knows he needs help and he desperately wants help, and I don't think he can get the help in the state prison system."
Mason said Fernandez was found naked and dirty wandering in a hotel parking lot when he was 2 years old. Since his guardian was arrested on charges of neglect and possession of drugs and his mother was only 14, both Fernandez and Susana were placed in foster care.
As Fernandez got older, neglect turned into abuse.
"There is confirmed sexual abuse. There is confirmed physical abuse," Mason said. "It also looks from the testing been done that the sexual abuse was more extensive than what was confirmed, because they are showing some sexual acting out at a very young age."
Mason said Fernandez has never had any contact with his natural father, but his stepfather abused him.
"The stepfather had struck Cristian, caused damage to his eye. The school got involved. The police got involved, and the police were coming to the stepfather's residence to arrest him, and that is when the stepfather ended his life by gun in front of the other siblings," Mason said.
After that suicide, Susana moved the family to Jacksonville.
Though violent behavior is typical of abuse victims, prosecutors said it is not an excuse for criminal behavior.
"A lot of the people we see in the criminal justice system have rough backgrounds -- some rougher than this young man has had. We can understand, we can study it, we can look at it. We can't use it as an excuse," Corey said. "The fact and circumstances of his background are serious in and of themselves. His interaction with this baby that he killed as well as his other siblings gives us even greater concern. All of that combined was a synergy of events that we said, We have to put this child in adult court.'"
Fernandez was being held without bond. While he is in the adult jail, he is housed with other juveniles and was given access to a counselor. Susana is being housed in another part of the jail being held on $1 million bond.
Before Thursday's indictment, the youngest person to be indicted in Duval County was a 13-year-old who killed a correctional officer decades ago.

 

[Beach girl]

How sad. What a mess for everyone concerned.

 

[rockin'robin]

The story gets worse and worse....thks, Babyblue....I'm at a loss as what to think...there were many inconsitences between this story and the newscast, but all in all, that toddler suffered horribly.