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A "baby-faced" 12-year-old in Florida may spend the rest of his life in jail for the murder of his 2-year-old half brother.
Cristian Fernandez allegedly killed the toddler in March. Last week, the boy was indicted by a grand jury for first-degree murder.
If convicted, he would be sentenced to life in prison without parole.
The 2-year-old, David Galarriago, was hospitalized on March 14 after being "physically battered" by his older sibling.
Fernandez's mother, also faces charges.
The 2-year-old, David Galarriago, was hospitalized on March 14 after being "physically battered" by his older sibling, according to a police report.
The child suffered "a skull fracture, subdural hemorrhage, subdural hematoma, bruising on the left eye, and bruising on the bridge of his nose."
While the toddler was in the hospital, police said Fernandez confessed to beating him.
Two days after he was savagely attacked, David died.
State Attorney Angela Corey explained Friday how she went from seeing the boy in juvenile court to charging him as an adult. She and her staff spent two months investigating him, having experts test him, discussing options and meeting with the defense.
In the end, she says, one of the key factors was this: juvenile jurisdiction ends at age 21.
"My fear is that whatever has happened to this young man in his short time on Earth cannot be solved in eight years,"she said.
When Cristian Fernandez was born, his mother was 12 and his grandmother was on drugs.
Through the years, there was physical and sexual abuse. And last year, when police came to arrest his stepfather, he shot and killed himself in front of the family.
Fernandez's mother, Biannela Susana, also faces charges for allegedly trying to cover up the beating.
The young mother did not call 911, but drove the toddler to the hospital some two hours after the incident, police said.
Obviously.
"The whole system has failed him," Assistant Public Defender Rob Mason said, according to The Times-Union.
At age 2, he and his mother both ended up in foster care
Susana and Fernandez went to foster care together when Fernandez was 2 and she was 14, said Assistant Public Defender Rob Mason, 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.
“The whole system has failed him. This child clearly is a victim,” Mason said. “We think he can be rehabilitated and, as his lawyers, we will fight for that.”
The whole system has failed him," Assistant Public Defender Rob Mason said, according to The Times-Union.
Fernandez's mother was only 12 years old when she gave birth to him, Mason said. The two ended up in foster care together, and his grandmother was a drug addict.
The boy was also the victim of child abuse at the hands of his stepfather, who shot and killed himself in front of the boy last year, Mason said.
"It is a complex case," he said.
Originally posted by getreadyalready
Still, charging a 12 year old with murder is ridiculous! If he is old enough to face adult charges, then he should be old enough to drink and smoke and have sex and drive and attend rated-R movies.
This part just seems off to me. Maybe since the mother was so young, the 'authorities' viewed the situation as if it was a brother and sister, being taken away from their mother, instead of son, mother, and grandmother.
Susana and Fernandez went to foster care together when Fernandez was 2 and she was 14, said Assistant Public Defender Rob Mason, 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.