Florida Boy, 12, Charged as an Adult in Brother’s Murder

There is a bizarre murder case taking place in a Florida courtroom, involving one of the first of its kind, a 12 year old boy on trial for killing his 2 year old brother.  He is Cristian Fernandez, and he is the youngest person to be charged with murder as an adult in Jacksonville’s history.  Police are saying that the crime is premeditated.  Cristian deliberately killed his 2 year old brother David by violently shoving him twice into a bookshelf, causing a skull fracture, and massive internal bleeding.

The medical examiner ruled David’s death a homicide, caused by blunt-force trauma. Their mother, Biannela Susana, was not home at the time of the incident. Police say as David lay on his bed unconscious, his older brother called their mother, who then came home. 

Susana, 25, is charged with aggravated manslaughter of a child and felony child abuse. She remains in jail on a $1 million bond and, if convicted, faces up to 30 years in prison. Hmm, the mother according to my math was only 13 years old when she had Cristian?  Cristian according to police has confessed to the murder, and the case has sparked international outrage.  More than 170,000 people have signed an online petition urging the prosecutor to treat the 12-year-old as a juvenile, not as an adult. The prosecutor disagrees and says she is following Florida law.

The Sunshine State sends more juveniles into the adult prison population than any other state. In 2009, according to the Bureau of Justice Statistics, 393 Florida juveniles entered adult prison. Florida was followed by Connecticut with 332 such cases, North Carolina with 215, New York with 190, Arizona with 157 and Texas with 156.

“He’s just a kid,” said Alicia Torres, whose son was a classmate of Cristian’s. She signed the petition, too. “He’s got a baby face. … He doesn’t know — he doesn’t know what’s going on.”  Fox News

And the case is even more complicated, as say during the several-hour window between when she came home and drove David to the hospital, her laptop shows that she searched “when some (sic) gets knocked out” at 10:54 a.m. “When your unconscious for hours” at 2:15 p.m. At 2:38 p.m., “concussions on children.”  Fox News

Then there were online searches for a Wachovia Bank account. At 2:39 p.m., the search was for “mayoclinic.com.” After that, according to the police report, someone downloaded music, searched popular screen savers, went to YouTube and then finally “St. Luke’s Hospital, Jacksonville, Florida” at 3:07 p.m.

A doctor at St. Luke’s told a police officer that had the toddler been treated sooner, he may have survived.  Cristian Fernandez’ attorneys argue that all the blame belongs on the mother, and that the boy shouldn’t be tried as an adult. In light of a plea deal that may spare this 140-pound murder defendant from the adult system, Fernandez will next be in court Oct. 31. His trial date has not yet been set. The mother is scheduled to stand trial starting Feb. 27.

 

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2 Comments

  1. Janet

    Still No Plea Deal for 12-Year-Old Murder Suspect Cristian Fernandez in Florida

    It seems likely that 12-year-old murder suspect Cristian Fernandez will not be offered a plea deal.

    This means the boy, if convicted, could be in prison for the rest of his life.

    Fox News

  2. Janet

    Actually now there is an update. the US Supreme Court now says that juveniles can’t receive life sentences. It was decided to try the boy as an adult, but prosecutors now don’t know what to do since the court ruling. Hmm, so then he gets off on a lesser charge and may be free after a couple of years to roam the streets and possibly kill again? The Supreme Court pulled a boner on this one.

    Police: Florida boy, 13, killed 2-year-old brother

    A decade before he was charged with murder, 2-year-old Cristian Fernandez was found naked and dirty, wandering a South Florida street. The grandmother taking care of him had holed up with cocaine in a messy motel room, while his 14-year-old mother was nowhere to be found.

    NWCN

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