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12-year-old Florida boy, Cristian Fernandez, faces first degree murder charge for 2-year-old

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posted on Jun, 6 2011 @ 03:10 PM
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12-year-old Florida boy, Cristian Fernandez, faces first degree murder charge for 2-year-old


ww w.nydailynews.com

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.
(visit the link for the full news article)


Related News Links:
www.msnbc.msn.com
jacksonville.com




posted on Jun, 6 2011 @ 03:10 PM
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I just recently came across this story. There seems to be more to it, than meets the eye.

According to the article, the mother did not rush to get medical attention for the toddler.

There also seems to be some possible physical, mental, and sexual abuse in this young boys past.

Apparently he even witnessed his stepfather commit suicide last year.

Just from the small amount that I have read so far, I feel sorry for this kid.

ww w.nydailynews.com
(visit the link for the full news article)

edit on 6/6/11 by BrokenCircles because: stepfather**



posted on Jun, 6 2011 @ 03:11 PM
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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.



"The whole system has failed him," Assistant Public Defender Rob Mason said, according to The Times-Union.
Obviously.

I am sure that most of us have heard, or read about, or known of Child Protection Services being called on people. Normally, if they are called, they investigate you and your family in depth. If it was known, when this kid was born, that his mother was 12, and grandmother was an addict, then why was he not moved into a separate foster home?

At age 2, he and his mother both ended up in foster care

Makes no sense to me.

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.”


jacksonville.com...
www.msnbc.msn.com...
edit on 6/6/11 by BrokenCircles because: (no reason given)



posted on Jun, 6 2011 @ 03:28 PM
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I dunno why the eye-roll of the previous response...
kids who are abused and have been exposed to trauma and have a family history of suicide are very troubled. Did he do it? Apparently there's no question as to that. But what happened to him that caused his rage?? He's a KID. A product of his upbringing, environment, supervision (or lack of it), and emotional makeup.

It's awful that a toddler was beaten to death. But what good does it do to lock up the kid? He needs HELP.



posted on Jun, 6 2011 @ 03:33 PM
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reply to post by BrokenCircles
 



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.



Yes, it is certainly a complex case. It deeply saddens me anytime I hear of a young child abused that way. I can't help but see the innocent faces of my 3 year old and 4 year old, and they just cannot comprehend any meanness toward them. They are so eager to get attention. It just gives me a lump on my throat.

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.

The system is SCREWED! Either they are adults or they are not adults, quit twisting it case by case!!



posted on Jun, 6 2011 @ 03:36 PM
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reply to post by wildtimes
 


Sorry. The eye roll had nothing to do with the actual case. I haven't posted a 'News Thread' and the form was not cooperating with me. I wanted to add more so was just saving that particular comment for more information.



posted on Jun, 6 2011 @ 03:37 PM
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reply to post by BrokenCircles
 


They both ended up in foster care.. because at age 2.. His mother was 14.

Not a legal adult.



posted on Jun, 6 2011 @ 03:44 PM
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reply to post by Miraj
 


His mother is 24. She was 12 when he was born, and they both ended up in Foster care because she was 12 and he was a newborn, but the 2 year old is a different story.



posted on Jun, 6 2011 @ 03:48 PM
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Beating someone even for an adult is not first degree. 12 year olds are children and dont stand as adults in court, which in court as an adult would only be involentary manslaughter for there was probably no intent to kill. I mean adult to adult, as this is child to child.
edit on 6-6-2011 by Unity_99 because: (no reason given)



posted on Jun, 6 2011 @ 03:51 PM
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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.


The State Attorney's reasoning is ridiculous in my opinion. She doesn't think he can be rehabilitated in 8 years. Maybe he can't be, but he deserves a chance to try.

 

reply to post by Miraj

Right, but why were they kept together?
Children are taken away from responsible loving adult parents all the time.
In this case, a 12 yr old girl was allowed to keep her baby.



posted on Jun, 6 2011 @ 03:52 PM
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This is a tragic story, I'm so sad to read about this... Yes, the 12 year old needs help and yea, he needs to also face th consequences of his actions, but ADULT prison is NOT the way to do this. The 12 year old is going to be used, abused and probably die there.

The sins of the parents...



posted on Jun, 6 2011 @ 04:04 PM
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reply to post by BrokenCircles
 


Curious question.

Maybe a social system in that area felt some mercy and made special arrangements to make sure they weren't parted.

Still I'd say ultimately it would have been much better to part them. He didn't belong with a 12 year old mother, and a 12 year old didn't belong being a mother.

I'd say this kid is screwed for life.. and they need to get him serious help.. Just look at that photo. There's something just completely dead and emotionless about him... But he doesn't belong in prison the rest of his life, not even by a long shot.



posted on Jun, 6 2011 @ 04:17 PM
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I say the same thing about this, that I said about Thompson and Venables, the youngsters who killed toddler , James Bulger, in Liverpool in the ninties. It matters not how young they are, nor what mitigating factors can be applied to the case. The fact is that if this young man , even at the tender age of twelve,can take a life, the life of a relative, a relative who was younger than himself , and defenseless, then the normal rules about age in terms of legal matters are quite sensibly erroded and out of the picture.

One of the killers of James Bulger , who was released as an adult , was caught with child porn images, and had been working as a bouncer. Both of these things were a breach of his conditions of his release. Information on him, and his fellow murderer since that revalation has been kept from the public to prevent an outcry.

It was the soft touch BS that allowed the killer of James Bulger to be released AT ANY age, into society. In reality the only responsbile thing to do,would be to have insisted that he, and his partner in murder,remained in jail until thier deaths.

The same thing applies here. The psychopathology of this kid, although his crime is actualy less violent, is far more perverted, and is evidence of a much deeper set of psychoses than even the Bulger killers had, and they are STILL even in thier twenties, dangerous , a danger to children, and very probably everyone else as well. Thier psychologies and thier histories are not nearly as messed up as this Fernandez boy.

It may be tragic, it may be horrible, but the truth is, that if this young boy, ever gets out of jail, misery, suffering, even death are the only logical outcomes, baring in mind the input he has recieved over the years.



posted on Jun, 6 2011 @ 04:18 PM
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This is such a sad case!
Why can they not give him a chance. He has time to try and get the right help and support that he should have been given from the start.

Letting a 12 year old bring up a child is wrong, how on earth is a child meant to bring up a baby! I found it a shock to the system when i had my first child and i was 24!!!

I feel for him to have been bought into this world and shown such horrors from the start! No wonder he had felt the rage and anger that he did to do what he did to his brother.

I fully agree that he has to face up to his actions, but first they need to find out what is going on with him mentally and emotionally.



posted on Jun, 6 2011 @ 04:27 PM
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reply to post by Miraj
 



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.
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.

When I see this comment, I try to imagine it, as if the 14 was changed into 18. If that was an 18 yr. old mom, CPS would have most likely taken him away from her without even giving it a second thought. Can't really know what all was involved in the thought process that came to the conclusion of him staying with his 14 yr. old mother.

I have known people, who were decent parents. They weren't perfect, but they would never hurt their child, or leave their child in harm's way. Someone called CPS and that 1 phone call turned into several months of hassle.



posted on Jun, 6 2011 @ 04:36 PM
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reply to post by boo1981
 


Well there is a legal definition of first degree murder, and an age requirment. First degree is premeditated and doesnt usually involve beating someone, and only adults can do this. And they don't get to just go hard on him, they have to follow that, or they're an illegal crown, serving an illegal government and must be removed from office. Period.



posted on Jun, 6 2011 @ 04:46 PM
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IMHO this child should never see the light of day again, and neither should his mother. They are both menaces to society and could do no good to have free and walking the streets. I understand and have compassion for the unfortunate things this child has had to live through his entire life, and its a shame that the system didn't play this the right way. This boy should've been taken away from his mother and grandmother as soon as he was born and placed far far away from an inevitable ugly situation. Now the life of a completely innocent 2 year old has ended brutally. I am the father of a 2 year old and looking at him I just see how fragile and innocent and full of life he really is. Letting this kid walk at 21, or whenever, would be a huge mistake and could potentially ignite a far worse scenario.



posted on Jun, 6 2011 @ 05:23 PM
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I don't trust confessions from a minor, and that confession should be thrown out. A kid that young with the past that this kid has is psychologically vulnerable enough to confess to just about anything with just a little prodding. Kids that age are also easily intimidated by adults.



posted on Jun, 6 2011 @ 05:35 PM
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There is no life in this child's eyes. It saddens me that one so young could have lost so much of his humanity. I am a survivor of abuse of all sorts, but I turned out okay despite the best efforts of the people around me. I turned to God and reading. I decided if I were educated, I could escape and God wouldn't fail me. Obviously, this kid didn't have even those small comforts. I don't think he should be tried as an adult. He should definitely be committed to a mental care facility and separated from the rest of society until he's not a threat to anyone. I think the mother should be prosecuted murder though. At twenty four, she knew better. There's no easy way to go about this tragedy. Everyone loses in this situation.



posted on Jun, 6 2011 @ 06:39 PM
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What a mess.

The boys' mother deserves compassion, yet many are ready to condemn her. A baby at 12? Her own mother an addict? It is likely the 12 year old was the result of an abusive liaison, maybe rape, maybe forcibly prostituted by either the addict grandmother or some associate of hers. Now the mother suffers the grief that no parent expects and may see her surviving child incarcerated indefinitely, even after the guilt and shame of knowing how the suicidal former lover (the father of the dead toddler?), abused the child that was the product of abuse, and how they all witnessed his demise.

So many broken hearts and lives.

I wonder if the attorney who said the boy cannot be rehabilitated in 8 years understands that she has revealed the futility of the 'system', that first failed two children in its care (mother and son), then failed two children (siblings) in the community?

There are no easy answers.




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