Murder suspect, 12, to reject plea deal

rockin'robin

rockin'robin

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Fernandez faces first-degree murder

JACKSONVILLE, Fla. - A 12-year-old boy accused of killing his 2-year-old half brother will not accept a plea deal offered by prosecutors, his attorney said.

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DCF Documents Show History Of AbuseCristian Fernandez, 12, was charged with murder in connection with the death of the toddler earlier this year.

Prosecutors said the plea deal would have reduced the charge from first-degree murder to second-degree murder.

It also would have allowed the boy to be released when he turned 21 years old and to serve his time in a juvenile facility.

Public Defender Matt Shirk said the plea deal wasn't good enough.

"We’re going to continue to negotiate with the state," Shirk said. "We’re not going to cut all negotiations off. Like in any case, you continue to negotiate until a jury has reached a verdict."

Prosecutor Mark Caliel said he felt like they made enough concessions.

Caliel said the decision to offer Fernandez a plea deal was not related to public outcry after the state attorney's office decided to try Fernandez as an adult.

The plea agreement is expected to be formally rejected at his next pretrial hearing on Monday.

Murder suspect, 12, to reject plea deal | News - Home
 
After watching the video, it was unbelievable that a 12 year old could commit a crime such as this...seeing him in hand cuffs was heart-wrenching....He looks like a sweet little boy, but facing a crime as horrific as this, makes me wonder if he fully understands what he has done and the consequences of it.
 
No doubt there are people in here yelling for his blood.
 
rockin'robin said:
After watching the video, it was unbelievable that a 12 year old could commit a crime such as this...seeing him in hand cuffs was heart-wrenching....He looks like a sweet little boy, but facing a crime as horrific as this, makes me wonder if he fully understands what he has done and the consequences of it.
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No he doesn't. He couldn't possibly understand the impact at the age of 12. He is a child.
 
Very sad...just because he 12 not mean he not understand. Need see psychiatric report before make that judgment. But very very sad all around.
 
Sunshine said:
Very sad...just because he 12 not mean he not understand. Need see psychiatric report before make that judgment. But very very sad all around.
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Yes, it does, Sunny. He does not have the mental capacity to understand because his brain is still not developed to the degree that allows for it. Twelve year olds do not have fully developed frontal lobes, for one thing.
 
Not going argue facts with someone way more educate myself, but...from experience, 12 year olds not understand maybe full depth consequences but can still know right vs wrong. Can still know something they do they should not do.
 
Sunshine said:
Not going argue facts with someone way more educate myself, but...from experience, 12 year olds not understand maybe full depth consequences but can still know right vs wrong. Can still know something they do they should not do.
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They understand it on a child's level, which is far different from an adult'slevel. They are also very impulsive and tend to act without thought to consequences.
 
Same true adults with FASD...drug addicts...are you suggest they should not be hold accountable? Genuine asking...not fully know my opinion this yet.
 
Sunshine said:
Same true adults with FASD...drug addicts...are you suggest they should not be hold accountable? Genuine asking...not fully know my opinion this yet.
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No, it is not the same thing at all. But people with diminiished capacity should have that fact considered in their sentencing. And generally, it is.
 
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