Skip to comments.12 year old could become America's youngest to spend life in prison
Posted on 06/05/2011 10:10:27 PM PDT by Pinkbell
Prosecutors want to lock a 12 year old boy up for the rest of his life - to stop him from killing again. Cristian Fernandez could become America's youngest ever 'lifer' after being charged as an adult in the murder of his two year old brother.
Prosecutor Angela Corey said: 'We have to protect the public from this young man'. She recommended he face trial as an adult.
Ms Corey said the public had a 'right to be protected' from him.
If Fernandez were charged as a juvenile and convicted he would be free by the time he is 21 years of age.
Fernandez is alleged to have beaten his younger brother David Galarriago to death at their home in Jacksonville, Florida, in March.
The two year old died from a fractured skull that caused bleeding on the brain. He died two days after being admitted to a hospital.
An autopsy showed the injuries were caused with blunt force trauma consistent with being punched in the head.
Fernandez had previously assaulted his brother and broken his leg.
Prosecutors decided to charge Fernandez as an adult rather than a juvenile defender after reviewing his history of violence and behaviour.
According to an arrest report Fernandez was looking after his younger brother at their home on the 11000 block of Alden Road, while their mother Biannela Susana was out.
When she returned to the family's apartment she found the toddler unconscious.
Instead of calling for an ambulance she wiped his face clean of blood, changed his clothes and put ice on his head, hoping it was just a concussion and the boy would wake up.
Police said she waited two hours before driving David to St. Luke's Hospital.
(Excerpt) Read more at dailymail.co.uk ...
Doctors told police that if she had sought immediate medical treatment the boy might have survived.
According to court documents it was the second time David was injured at the hands of Fernandez.
The younger boy 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.
Fernandez is the youngest person in Florida to ever be charged as an adult with first degree murder. The charges carries a mandatory life sentence.
His mother has been charged with negligent homicide and goes on trial later this year.
I don't even know what to say. This story is so infuriating. This could have been prevented. By reading the article, I get the impression the fathers of neither boy were in the picture. The mother allowed this boy to babysit! He was only 12 years old, and he had previously broken the little boy's leg! It's obvious he had severe anger issues, but she seemed to be in serious denial of them because she lied about the broken leg incident. If she had recognized these issues, gotten her son help, and not allowed him to watch the little boy, this might not have happened. Furthermore, I don't know if it was due to ignorance, an attempt to again protect her 12 year old, or due simply to being a neglectful, uncaring mother, she stuck ice on the little boy's head and waited 2 hours to seek medical care! If she had gotten medical care right away, things might have been different! This story makes me want to scream.
There is a poll on the site asking whether you think he should be tried as an adult. So far, 73% say he should go for life.
Throw away the key.
A life sentence is NOT a life sentence..
You can still get a parole..
See the picture of the 12-year old. Dead eyes.
Creepy eyes for sure.
“Biannela Susana was out.”....I wonder what ‘out’ means...
The whole thing is a nightmare in America when you think how many just grew up and then they procreate and are clueless.
..it is going to get worst
Shouldn’t the mother be arrested, also? Wouldn’t she be an accomplice to murder?
“...and put ice on his head, hoping it was just a concussion and the boy would wake up. “
Uh, so she wouldn’t take her 2 year old to the hospital if his head injury was ‘just’ a concussion???
The most significant change, however, came in 1983. In that year, sentencing guidelines were enacted, thereby effectively abolishing parole for those offenders who were sentenced for crimes committed on or after October 1, 1983.
Currently, all inmates who committed a capital felony murder prior to May 25, 1994, and all inmates who committed all other capital felonies, including sexual battery prior to October 1, 1995, are also parole eligible.
That's a bit poorly worded, but it looks like this little creep will not be eligible for parole.
And another question... where is dear ole dad ?
What happened to your nephew afterwards ?
Dear ole dad has never been around, partly because he went to prison on sexual assault charges after impregnating the boys mother when she was just 12 years old.
The mother and her son were put into the foster care system when Fernandez was 2 and she was 14 because authorities found the toddler walking around dirty and naked outside a South Florida motel while his grandmother, who would have been about 34 at the time, nursed a drug habit inside.
Documentation also indicates that abuse was occurring regularly in the home from the beginning of the boy’s life. The turmoil included his stepfather shooting and killing himself in front of the family to avoid arrest on child abuse charges.
We sent him back to his grandfather (my brother). He is as dysfunctional as my nephew. I don’t want to know and have put a great deal of distance between us. People familiar with the events believe we will see his name in the news someday.
The mother has been charged with aggravated manslaughter of a child and is in jail.
Sad. Well, at least you tried a last-ditch effort to intervene.
Dead-eyes......Caused by inhumane parent(s). Poor child did not stand a chance with such an ignorant and neglectful mother.
I would prefer a little “Clockwork Orange” psycho-social remediation.
Looks like the 12 y.o. is just following family tradition and teaching.
What this kid is, he's a psychopath.
America needs to bring back the booby hatch. I've maintained that for years. A murderer this young goes to the nuthouse. Life in prison at 12? No, I think being committed to the nuthouse is appropriate.
Yes we do. Once we do, more and more maniacs won’t be able to hurt the innocent. I am so sick of seeing loonies walk the streets, constantly victimizing people and resulting in more and more and more laws and regulations instead of just removing the problem.
This problem was recognized some time ago, although skeptics are always amused to cite this provision as an example of why the Mosaic law has nothing to tell us today:
18 If a man has a stubborn and rebellious son who will not obey the voice of his father or the voice of his mother, and who, when they have chastened him, will not heed them, 19 then his father and his mother shall take hold of him and bring him out to the elders of his city, to the gate of his city. 20 And they shall say to the elders of his city, This son of ours is stubborn and rebellious; he will not obey our voice; he is a glutton and a drunkard. 21 Then all the men of his city shall stone him to death with stones; so you shall put away the evil from among you, and all Israel shall hear and fear.
Something tells me this mother was probably afraid of this monster. Not saying this excuses her culpability in the crime, but I’d bet a dime to a dollar the 12 year old probably assaulted her at some point too. I for one think he should be locked up for life, he knew what he was doing and if he’d do that sort of thing to his own brother, I dread to imagine what he’d do to a stranger.
O...M...G. How diseased is a good chunk of our culture?
Personally I have no problem with this little monster being eligible for the death penalty.