Skip to comments.Collier judge upholds 'Stand Your Ground' stabbing death defense in teen's bus stop bullying
Posted on 01/05/2012 7:22:46 PM PST by heartwood
NAPLES A 15-year-old who fatally stabbed his school mate will no longer face criminal prosecution.
A judges ruling, made public Tuesday, granted a motion to dismiss the second-degree murder charge against Jorge Saavedra in the death of 16-year-old Dylan Nuno on the grounds that he acted in self-defense under Floridas Stand Your Ground law. The State Attorneys Office has indicated that it will not appeal the ruling.
Nunos family and friends criticized Collier County Circuit Judge Lauren Brodies decision, calling it unbelievable and heartbreaking.
We know this wasnt the right decision, said Dylans aunt, Adriana Nuno.(The judge) is showing those kids its OK to get away with murder.
Saavedra, who was 14 at the time of the stabbing, was charged as a juvenile. If found guilty, the former Palmetto Ridge High student would have been released by the age of 21.
Brodies ruling concluded that Saavadra, who said he was bullied and tried avoid a fight with Nuno, did not act unlawfully. She added that Saavadra had more than enough reason to believe he was in danger of death or great bodily harm.
Brodie based her decision this week on the findings from a two-day December hearing, during which students who witnessed the events Jan. 24, 2011, testified that several teens announced the fight on the bus, and Saavedra got off several stops early in Golden Gate Estates. Saavedra showed a pocket knife to two teens on the bus that afternoon.
(Excerpt) Read more at naplesnews.com ...
The sad thing is, the bullies I went to school I with (some of them bullied me) for the most part grew up as far as I can tell to be decent people.
I was fortunate because the older, bigger kid who tried to bully me had a kid brother my age and size. When I explained that everything his brother did to me would happen to him, I was left alone.
I used a 16oz framing hammer. Never saw that guy again.
One way to see it, but multiple witnesses testified that the dead perp had attacked and tormented the defendant non-stop for an extended period of time.
Nuno followed the smaller boy off the bus and punched him in the back of the head. It’s not like Saavedra started the fight.
It’s not just clever. It is reasonable.
If somebody has shown they are willing to physically harm me, there is nothing to say they wouldn’t try to kill me.
It’s reasonable that if I don’t have the ability to defend myself against somebody who would harm me, the only reasonable action, imo, is to take that person’s life.
I guess I am at a point where hearing a bully get pulverized is nice, rather than learning all the facts I took the headline at face value.
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Me, I selected a 5 foot piece of galvanized steel pipe....
That beat-down had the added effect of the bully spreading the word that I was not safely to be messed with. :)
It was the court’s job to hand-wring over that. It’s best to go before a judge rather than a jury if you are innocent and this proves it.
When I was in the 8th grade I got treated to a beating by two bullies who accused me of being a bully.
There was a neighborhood kid who was developmentally disabled. My family befriended him and involved him in activities all the time. He was a year older than me and we got to be pretty good friends.
One day at school I was teasing him (good-natured) and these two guys overheard and misunderstood. They pounded on me until my friend Phil convinced them that I wasn’t hurting him.
Talk about being in the wrong place...
Good. Being followed , threatened then punched in the back of the head calls for action. If the perpetrator is killed so be it. It’s called self defense. No tears here.
Me, a rock the size of a softball.
The bully's father was upset until he found out there was three of them and one of me, and I used the rock the bully threw at me.
Then he whipped his own kid for being a coward.
The point of the article, as I get it, is that Florida had to pass a law — the “Stand your ground” law— expressly allowing citizens to defend themselves.
In many other states, in other words, this kid would have been locked up.
It ain’t “back in the day” anymore.
You can only push someone so far before something happens. Especially with the way bullying is done nowadays. When I was in school (which is actually not THAT long ago) bullying was still physical. Which could be dealt with (usually standing up to the bully worked for most of the kids that were targeted). Nowadays it is not just physical but also psychological, especially once you add in social media. It follows the kid home through Twitter, text messages and, of course, FaceBook. It simply never lets go. Thus, once you mix the usual physical aspect with a persistent psychological aspect that is present constantly, sooner or later you will see some of the victims taking measures. I have to say I am glad this boy stood up to the bully, and I am glad the judge was not stupid.
When I was a kid, the principal investigated fights to see who started it. The guilty kid got in trouble. The innocent kid got protected. Bullying did not pay off back then. Now everyone is equally guilty no matter who did what because public school staff are too stupid and careless to investigate and decide.
Very surprising verdict, considering what we’ve come to expect from the courts and judges these days.
Dylan Nuno’s aunt says “The judge is telling kids it’s OK to commit murder”.
No, the Judge’s message is that it’s NOT OK for one kid to so relentlessly provoke and terrorize another kid to the point where he has to use deadly force to defend himself.
You are correct.
A clearly written law had to be passed to protect all citizens from the whims of unelected bureaucrats and their unconstitutional “regulation creep”, such as the idiotic “zero tolerance” school policies, that declared victims of a violent act as guilty of violence as the perpetrator of the aggressive violent act, if they used violence to defend themselves. The next law that needs to be passed is one that revokes the licenses of lawyers to practice law, if they are found to have been a party to subverting justice.
Back in the 70’s, I was tormented by a large number of bullies. One day one jumped me and I stabbed him with a pencil through his hand.
Embarrassed to admit I had stabbed him, he told everyone he fell down and stabbed himself. He also left me alone from then on. He saw my dark side and he didn’t enjoy the experience.
The policy I live by today.
Damn dude, that sucked!
The kid who protected himself had “disparity of force” on his side to use a higher level of force (knife), given they were bigger kids, potentially multiple attackers, and the kid who wanted to fight being trained in martial arts.
Sounds like a perfectly fine ruling.
Probably better than being “penciled” lol ;-)
I grew up in Florida and my father had two rules about fighting.
1) if you get into a fight, right or wrong, your going to get 10 licks from the belt.
2) if you lose, your getting 10 more
Those two rules kept me out of fights though I did get into one and only one. It was with a bully who had used me as his punching bag one to many times in the seventh grade. Two fast and very public jabs to the mouth left him with cut lips and bleeding like a pig. I took my 3 day suspension and my 10 licks. Never had another day of trouble the rest of my school years.
Charming comments from the newsite. Click on the photo of the dead bully and a comment section along with an enlarged photo pops up.
Lastest comment copied and pasted:
rip dylan nuno 1994-2011</3
In high school I rebelled, let my hair grow long, shot up to 6' tall and widened out to 200#+ , wrestling champion, right tackle and with the "Kung Fu" TV show that was popular then became passionate about MA.
To this day I remember the sound and feel of that briefcase contacting the skull of the kid in particular that tried to ambush me...and it connected several times. In physical altercations with abusers since then I notice one common thread...whether school bully or crackhead, they actually think it's their right to attack you. When you plant them on their ass, they think this isn't the way it's supposed to work. When you have their trachea in your hand and their eye's roll back white, the last thing you see in their eyes before unconsciousness is it's not fair.
I hated that briefcase, but it was a pretty dam good one ;^)
I was in court for a client in front of Judge Brodie last week. Good on her!
Ah, the benefits of using school supplies as weapons....
One question: From what planet did Nuno’s family and friends come?
The kid didn't bother me too much but towards the end of Freshman year he started in a little with comments.
Beginning of Sophomore year he is nowhere to be found. Turns out he died with a combination of drugs, alcohol and a night time swim over the summer. Any number of people were outright happy he was dead, many were just relieved he was gone from their life.
It was right about then I realized it is not always a shame when people pass on before their time.
I understand perfectly. The problem with a situation like that is that you have to hit hard and fast before they know it’s coming; otherwise, you’re toast. However, it seems that the Creator graciously assumed the role of problem solver. There’s a plan for everyone.
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