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No Plea Deal For 12 Year Old Murder Suspect

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posted on Dec, 6 2011 @ 12:55 AM
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No Plea Deal For 12 Year Old Murder Suspect


Full article

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.

On Monday, a judge in Jacksonville, Fla., set February 27, 2012, as the trial date for the youngest person ever to be charged as an adult with first-degree murder in that city.-

(visit the link for the full news article)


edit on 6-12-2011 by IDKWTB because: fixed the link... does it work ?

edit on 6-12-2011 by Gemwolf because: Fixed link




posted on Dec, 6 2011 @ 12:55 AM
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This is crazy, he is the youngest person ever to be tried as an adult for murder. If things go as bad as they could, he could go to prison for up to the rest of his LIFE. I don't know what to think on this one.. what do you guys have to say about it?

I did a search and did not see it up yet, so sorry if it is already.

edit on 6-12-2011 by IDKWTB because: sorry i copy and pasted a link that didnt work on accident



posted on Dec, 6 2011 @ 01:00 AM
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life in prison?!? i thought they executed murderers in florida.

can you imagine if they executed a 12-year-old?



posted on Dec, 6 2011 @ 01:01 AM
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wow i didnt even think of that. if they are trying him as an adult, then does that mean they could really try and hit him with "the ultimate punishment"?? interesting to see what will happen..



posted on Dec, 6 2011 @ 01:04 AM
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reply to post by IDKWTB
 


latino.foxnews.com... relevent link to your op, it seems that he pushed his brother and thats how he died and they are saying he premeditated it but the article also says his mom is in jail on charges that i couldnt figure out what they were relating too edit ahh i should have finished reading my own link i guess she decided to check her mail and do some internet things while her other kid was bleeding to death with a fractured skull so i think the defense is trying to shift blame to the parent in this case and might even pull it off
edit on 6-12-2011 by KilrathiLG because: i was an idiot


www.viewshound.com...://www.firstcoastnews.com/news/article/221824/483/SAO-Crist ian-Fernandez-Wont-Stand-Trial-Spend-Life-in-Prison
edit on 6-12-2011 by KilrathiLG because: few more links



posted on Dec, 6 2011 @ 01:06 AM
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i'll be the first to admit I made mistakes when I was 12, which I learned from.

it wouldn't be right for them to just release the kid, that would set precedent, but life in prison??

10 years and institutionalized mental care maybe? realistically? hes a 12 year old kid, that barely knows the limits of social norms. Sure we knew not to kill that annoying kid in gym class, maybe just a wire in his brain shorted?
some sort of psychological deficiency?



posted on Dec, 6 2011 @ 01:08 AM
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12?? Really??? The only little kid I've ever seen that might have been doing society a favor by putting in prison at that age was a fictional character in a movie. Anyone else see The Omen? Short of being the living incarnation of evil itself, 12 years old is something the whole legal system down there ought to be utterly ashamed of themselves for.

I'd even go so far as to say that it might be worth looking into their history of charging cases and whether over charging is a real habit for them or this is just a one off instance of bad judgement.

I don't think 12 is very far from that line where the whole thinking process is turning to adult terms and adult concepts of right/wrong and consequence as a life long value system but hey, we have to draw the line somewhere. This is just too young to spend 60-80 actual calendar years in state prisons for anything they are capable of at that age, Not THAT kind of charge.

For Shame!
edit on 6-12-2011 by Wrabbit2000 because: (no reason given)



posted on Dec, 6 2011 @ 01:25 AM
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Your country is beyond insane. No one would ever charge a 12 year old boy, with first degree murder or charge him as an adult.

what he needs is anger control therapy and intense counseling. His eyes are so sad, I just want to take him home and heal him up, he's going to have nightmares for life, poor baby. And yes I feel sorry for his 2 year old brother, and the 12 year old, equally, they're both babies. And kids fight. And another thing, 2 year olds can be really annoying, and 12 year olds, who are having surges of testosterone, preteen, would have a very hard time controlling himself, in addition, if they've gone through broken home and loss of mom, this poor boy has separation anxiety and inner rage.

He just needs help.

Vengeance in not ours. Self defense is one thing, but you don't retaliate, you heal people.

I would throw any politician out who ever supported this, they would be removed. I take one look at his face and all the ugly twisted demons running our country and the kid wins 1000000.......... % unto infinity. So do something. Don't let them sacrifice him or any child.. Line up at the court house, and politicans and dont back down, by the millions. Don't ever accept any of their sacrifices. Stand up for each other.
edit on 6-12-2011 by Unity_99 because: (no reason given)



posted on Dec, 6 2011 @ 01:31 AM
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reply to post by Unity_99
 


it seems hes getting the book thrown at him because his mother didnt try to help the kid i guess he was molested and his dad shot him self infront of them after beating them and molesting them for years so i think there is alot mroe to this then what we initaly got



posted on Dec, 6 2011 @ 01:37 AM
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reply to post by KilrathiLG
 


OMG that poor dear little child. What a terribly tragic life and they're doing this to him. They're going to go to hell. You never ever harm a child and someone like him you encircle with your love and healing. That poor boy and the guilt he will feel for life. I want to take him home so bad, he needs so much love.



posted on Dec, 6 2011 @ 01:40 AM
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He's a minor and shouldn't even have been NAMED PUBLICLY let alone tried as an adult.

However, kids that age, 12/13 really push their luck with what they can get away with. Only the other day a friend of mine and myself got abused in Asda by a bunch of kids because they know they're 'untouchable' due to the laws we have set up to protect them.
They can't even be disciplined in school because the teachers no longer have any rights.

If this kid did it, then I've no problem him going to jail. He was probably being a cocky little # and got into more than he could handle



posted on Dec, 6 2011 @ 01:50 AM
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this is not murder!

for those of you with brothers or sisters, did you not bicker, argue and fight???

(your lying if you say no, and dont even kid yourself!!!!!!!)

i do not see this as murder, he pushed his little brother and he collided with an object and that is what killed him, the collision is what had killed him.

It is obvious that the mother had been searching on the internet to see what she could do to help her child.




investigation by police of her laptop shows a Google search for “when some (sic) gets knocked out” at 10:54 a.m. Then “concussions on children” at 2:38 p.m.

Read more: www.foxnews.com...


i don't know what sic is but i assume the previous word was baby?? it is clear that the mother thought that her child was concuss and nothing more, and she was obviously worried.

We could say that the time of the fight between the two little brothers occurred not too long before 10:54 a.m, depending on whether that was a school night, most likely it occurred sometime in the morning around about 8:00 ish.

NO i am not psychic i am just trying to piece this all together for everyone and myself.

This was an accident i believe, and the charges are outrageous, i have seen, (now i say seen, i mean heard) far sadistic crimes being committed where the sentence was less. No i have no examples that i can show you as of right now, however google is only a click away, if you really care as to what i know and think.

sure the child should face a penalty of some-kind, but i think it should be less severe to his life, imagine he just took his brothers life and now his is being taken from him.

The mother does not deserve punishment for this either, imagine how she is feeling, her two year old son has just died, and now she is in jail, her son awaits trial and her other children have been taken to child services.

I think this has been blown out of proportion and needs to be re-stated and for the case to be re-opened and for the circumstances which led to the death of the way too early David Fernandez to be re-evaluated, obviously with a judge that doesn't absolutely despise mexicans, because i see a hint of racism in this, i maybe wrong but i would pass it.

but that isn't what i am writing about.

The child should be given at minimum 2 - 3 years, he is still a minor, he should not be charged as an adult, it is ILLEGAL!!!!!!!!!

For the court to permit something illegal from its own body, well lets just say i find it disgraceful. oh and unlawful (pardon the pun)

Peace


edit on 6-12-2011 by ShadowZion because: (no reason given)



posted on Dec, 6 2011 @ 01:57 AM
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Originally posted by KilrathiLG
reply to post by Unity_99
 


it seems hes getting the book thrown at him because his mother didnt try to help the kid i guess he was molested and his dad shot him self infront of them after beating them and molesting them for years so i think there is alot mroe to this then what we initaly got


it is people like you, which is one of the reasons i have good faith in evolution not existing, because you clearly have not evolved, a topic so serious and you will always get the jokers, the ones who cant grow up.

You guess he was molested, why feeling lonely?
his dad shot himself?? come on man seriously?

leave these immaturity's out of topics like this, it is not needed and not appreciated.
edit on 6-12-2011 by ShadowZion because: grow up



posted on Dec, 6 2011 @ 02:00 AM
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reply to post by ShadowZion
 


You don't think there's something slightly off with this kid that he pushed his 2 YEAR OLD brother so violently? Yeah you could claim that he didn't mean to push him so hard, but A: how could you know that, and B: who on EARTH shoves a 2 year old?

However, I personally think, that he didn't hurt the kid with the intent to kill him. But I still think there has to be something wrong with him to act so aggressively to a toddler
edit on 6-12-2011 by Lulzaroonie because: (no reason given)



posted on Dec, 6 2011 @ 02:11 AM
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reply to post by Lulzaroonie
 


yeah i believe that he was having an argument with his brother and it just got a bit out of hand, he pushed him a little harder than he thought he could take and he flew into a bookshelf, either hit his head against that or hit his head on the floor on the way down.

We wont know, we will never know! not even if the boy says so himself.

But we have hope for ourselves as a species right?



posted on Dec, 6 2011 @ 02:11 AM
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I am not shocked anymore. I am angry and then bewildered.

This young person is a Child. In Australia the law has an application called doli incapax and basically is applied to a Child between the age of (if my memory serves me) 9 and 15 years. Younger than that it is different and after 15 it becomes adult territory as you are believed to know right from wrong by then - unless mentally incapable.

It is outrageous that he has been named and photographed - let alone charged with a criminal offence. I want to know whether he had an appropriate adult with him when he was questioned and under what circumstances. This entire situation lacks any empathy - any kindness - any sense of humanity. Given the life of the family before the death of the little one - it may have been a tragic event waiting to happen - nevertheless he is a Child.

Wrong - this situation reeks of - something is rotten and reeks of making this abused Child a sensationalist headline seeking power trip. Sometimes I delight in the beauty of humanity and sometimes I am ashamed to be a part of the human race. The surviving members of this battered family need support - education and all with kindness and love. Jail - for the rest of his life - what life - from what I have learned via this thread - he hasn't had a life yet and any chance of a life just got snatched away!

Much Peace...I don't know what else to offer the Child and his Mother...



posted on Dec, 6 2011 @ 02:12 AM
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Originally posted by Lulzaroonie
reply to post by ShadowZion
 


You don't think there's something slightly off with this kid that he pushed his 2 YEAR OLD brother so violently? Yeah you could claim that he didn't mean to push him so hard, but A: how could you know that, and B: who on EARTH shoves a 2 year old?

I never like pointing at outside things for the behavior of someone but again.. 12 years old.. Wow... Have you seen the kids shows and games? My son's friend was playing the Call Of Duty series when she was 6. The kids shows are a world away from anything like the cartoonish and outlandish violence of the Wiley Coyote or Tom and Jerry like once played. Those are called too violent... lol..

Now what my son's shows have are small unit combat tactics for warfare using futuristic but all too realistic weapons. I preferred the acme rockets and piano's falling myself. That had humor....these are more like light training by repetition of view.

I don't wonder how a 12 year old use radically inappropriate force and killed a small child. I wonder how it doesn't happen more often. It's enough to cry about when they are this young and life is over....



posted on Dec, 6 2011 @ 02:15 AM
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Very sad case indeed. I thought this part of the article was interesting. If the Mother didn't get the child help then it is her fault and not the 12 yr old. He didn't intend to kill his brother and if the mom had called 911 in time he might have survived.

They are charging both the Mom and the boy


Fernandez’ mother, who was 12 years old when she became pregnant with Cristian, is also being held in prison without bond. She’s charged with aggravated manslaughter of a child, culpable negligence, because an investigation by police of her laptop shows a Google search for “when some (sic) gets knocked out” at 10:54 a.m. Then “concussions on children” at 2:38 p.m.

Those searches were followed by activity checking the family bank account, downloading of music, and then, finally, at 3:07 p.m., the first search for the location of “St. Luke’s Hospital, Jacksonville, Florida.”

A doctor at the time told detectives that had the 2-year-old been rushed to the hospital immediately, he could have been saved.

Source



posted on Dec, 6 2011 @ 02:32 AM
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reply to post by ShadowZion
 


ummm i dont know what your getting on about but this is from one of the sources on this story i posted
"Cristian is 12, the same age his mother was when she gave birth to him. His life has been filled with violence, physical and sexual abuse, neglect and pain. Cristian’s father, Jose Antonio Fernandez, was spared jail time for having sex with Cristian’s mother, Biannela Susana, by promising to raise Cristian. When Biannela began dating and subsequently married Luis Gallaraga-Blanco, the relationship between Cristian and his father changed. Jose did not want to “get in the middle”, and it wasn’t until later that he learned Gallarago-Blanco had a temper. Others have described Gallarago-Blanco as abusive and he was later accused by authorities of punching Cristian in the eye. That accusation ultimately led to Gallarago-Blanco shooting himself in the head, in front of the children in the house, to avoid arrest. When Cristian Fernandez was 2 years old, he and his mother were placed in the foster care system. His grandmother was using drugs, and he was allegedly found one day naked, wandering the streets near her home, filthy and terrified. Doctors who have examined Cristian state that there are signs of long-term sexual abuse, and it is alleged that Gallarago-Blanco sexually and physically abused Cristian for a long time prior to his own suicide to avoid prosecution."
from www.viewshound.com...

so thats where i got the he was molested and his dad blew his head off part but umm thanks for calling me immature and a joker for posting information let alone the factor that being molested or abused places on a child growing up problay did not help his mental situation not trying to say its the sole reason for all of this but it was definatly a factor as well as the other abuse

www.Justice4juveniles.com...

www.NewYorkDailyNews.com...

www.Jaxkidsmatter.blogspot.com...

www.Jacksonville.com... sources for my linked source also available in article
edit on 6-12-2011 by KilrathiLG because: (no reason given)


also the mother is in jail for neglect and other charges relating to the death of her child as she delayed calling 911 and cruised the net and checked her bank statements prior to taking her kid to the hospital at which point it was too late to save the child ,the brother christian smacked his brother into a book shelf and hit him and then the kid ended up laying there dying and i think thats why they were both charged and how the mothers actions complicated the results for her living son
edit on 6-12-2011 by KilrathiLG because: (no reason given)


and www.firstcoastnews.com... seems to say this :""Corey says she has been working closely with Public Defender Matt Shirk on the possible outcomes for the 12 year old, which included incarceration in a juvenile facility, or a segregated section of prison for youth offenders. Either way, it will end in a plea deal.
No one's ever talked about a trial. No one's ever talked about life in prison. The rumors are rampant about that," she said.

The Judge in the case has allowed both sides more time to come up with a suitable solution for Cristian, though Corey says she's still not sure what that will look like.

"This entire case has been quite frankly, a nightmare," said Corey.

Biannela Susana, the mother of the boys, is also in jail charged with aggravated manslaughter. Susana's two other children, ages four and six, have been placed in foster care." so evidently hes not even for sure going to be put in jail for life at least according to the prosecutor let alone a trial......
edit on 6-12-2011 by KilrathiLG because: links and clarification



posted on Dec, 6 2011 @ 02:38 AM
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reply to post by KilrathiLG
 


Thank you for posting your investigative efforts. Great research - it's a shame the social services didn't get to help enough.

Sad and tragic outcome for everyone. God I hope we learn something from this as I just see lives being taken away in a system that punishes the victim.

Much Peace...



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