GUILTY FL - David Galarriago, 2, beaten to death, Jacksonville, 14 March 2011

[krimekat]

http://www.foxnews.com/us/2011/12/0...ld-murder-suspect-in-florida/?test=latestnews

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.

The prosecutor had offered a plea deal several weeks ago. Under that deal, the boy would have to admit to murder. Then, when he turns 21, he could be set free.

 

[krimekat]

It's a vicious circle, isn't it?

The 12 year old is a murderer and his best case scenario is that he will be in juvie until he is 21 & even if he makes great strides, he will always be "that boy who killed his brohter."

His mother had him at 12 and seem to have had a terrible childhood (if you even want to call it a "childhood"), too. I doubt whether the mother had the emotional maturity needed to even understand the gravity of her baby's injuries.

I do think that both the mother & the 12 year old deserve to be punished. I don't know if the kid needs LWOP, but I think that just deciding that at 21 he needs to be cut loose & records sealed is not right, either.

No, but she was able to Google it . . . :furious:

Fernandez’ mother is also being held in prison without bond -- charged with aggravated manslaughter of a child, culpable negligence

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., 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.”

If rushed to the hospital immediately, he could have been saved.

Evidence was weighed by a grand jury which determined 12-year-old Fernandez should be tried as an adult.

Read more: http://www.foxnews.com/us/2011/12/0...ect-in-florida/?test=latestnews#ixzz1fhZLBTNn

 

[DairyGirl]

http://www.foxnews.com/us/2011/12/0...ld-murder-suspect-in-florida/?test=latestnews

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.

The prosecutor had offered a plea deal several weeks ago. Under that deal, the boy would have to admit to murder. Then, when he turns 21, he could be set free.

I think the defense attorney's should have taken the plea bargain that would have gotten him out of prison when he was 21.
I guess I don't think like others. I don't care if he is 12 or 20, he killed someone. He needs to be punished and more important, society needs to be protected. I was thinking about the Bulger case. Those boys should never have been released.
That isn't to say that he isn't redeemable. Perhaps a sentence that allows for evaluation for probation at appropriate times to see if he is suitable for release but I would feel safer if someone like him were locked up until it was pretty much guaranteed that he would not commit another crime.

 

[LadyL]

I don't believe this kid can be rehabbed, despite what the doctors say

he broke his brother's leg, then months later beats his brother to death

there's no recovering from that IMO

even if he were to be sentenced as a juvenile & released at 21, all those years in juvie will only have hardened him even more & he'll know more ways to navigate the criiminal underworld, plus he'll have loads more rage to unleash upon the world

it's not pretty but it's the truth AFAIC

 

[otto]

Unbelievable that this child wasn't place in foster care years ago ... and that the 2 year old wasn't also placed in foster care. Clearly the children were not being cared for. The 12 year old needs extensive counseling and guidance, not life in a cage.

 

[Linda7NJ]

Unbelievable that this child wasn't place in foster care years ago ... and that the 2 year old wasn't also placed in foster care. Clearly the children were not being cared for. The 12 year old needs extensive counseling and guidance, not life in a cage.

IMO 12 years old is just too old to fix.........the likelihood he could ever become a good citizen is nil. The damage is done. Sad...but true.

Yeah, 12 year olds are young and yeah there brains aren't fully formed. But the thing that stops all the other 12 year olds in the world from purposly breaking their young siblings legs and murdering them is MISSING in this kid.

 

[Reality Orlando]

Christian Fernandez Indicted in Sexual Attack on Another Sibling

"JACKSONVILLE, Fla. -- Cristian Fernandez was indicted this morning on a sexual battery charge on a victim unrelated to a murder charge from last year.

The city's youngest murder suspect, Fernandez, 12, is charged with murder in the first degree and aggravated child abuse. He is accused of hitting his half brother David Galarriago on the head at least twice on March 14, killing him.

The new indictment on the sexual battery charge was handed down this morning.

Although Assistant State Attorney Mark Caliel said he could not provide details on the battery victim, he said the attack was on a surviving sibling."

http://downtownjax.firstcoastnews.com/news/news/68702-cristian-fernandez-indicted-sexual-attack-another-sibling?odyssey=tab%7Ctopnews%7Cbc%7Clarge

 

[oceanblueeyes]

What ever happened to juvenile detention for crimes commited by a child? I do not agree with trying and sentencing children like adults. I firmly and resolutely do not. JMHO.

That is the big problem this country is facing.

Murderers are becoming younger and younger and their crimes more heinous in methodology. Many times they are premeditated crimes and after the crime the juvenile covers up what they have done and when caught shows not one ounce of remorse.

The juvenile system was established to handle petty crimes such as skipping school, joy riding, petty theft and even drug use but it was not intended to deal with extremely violent offenders such as murderers, rapists, armed robbers, and pedophiles.

I dont know the answer, but I do feel in certain circumstances it becomes more important to protect society than try to rehabilitate a youth where the mental health doctors have diagnosed the individual as a fledging psychopath.

Imo, the juvenile system is not the answer for these violent offenders. One could be 15-16 and kill as many people as they wanted to and only serve time until they are 18 and at the maximum 21. By the time they go to trial they hardly do anytime at all. Imo, that is just not reasonable and sends a message a youth can murder at will yet is not held to much accountability at all. If they know they will be treated differently in the justice system it gives them no incentive to abide by the laws of our land.

IMO, it should not be based straight across the board with age being the sole factor. Each case should be throughly based on the actual crime committed and if premeditation was present and how heinous the crime was and if the psyche doctors think the offender is ameniable to treatment or not.

My concern, admittedly so.. is not for the juvenile murderer or rapists but society as a whole that has to live among them if they are let out. It is the children who do not resort to such horrific acts that I feel should be protected from juveniles who resort to such violent acts.

There have been adult serial killers who murdered or raped as a juvenile. They got a slap on the hand serving little time or no time. It taught them nothing and they went on to commit other crimes and murdered more.

Imo, it is a way to prevent future crimes including murders from happening IF the offender is diagnosed early on with a conduct disorder. If they show no remorse then they have no conscience and to this day none of the mental health professionals have learned how to put a conscience inside of a human being that does not possess one.

Those that can be treated and were proved to have been horribly abused and murdered their abuser then that should be taken into consideration. But only if the abuse is verified as the motive.

However; the cases I have seen in the past five years or so have little to do with abuse and everything to do with the offender getting ticked about something when they were either told 'no' or did not want to do something they were asked to do by their parent or parents or they just wanted to do the kill for the thrill of it. I find these youthful offenders extremely scary and dangerous.

IMO

 

[oceanblueeyes]

Christian Fernandez Indicted in Sexual Attack on Another Sibling

"JACKSONVILLE, Fla. -- Cristian Fernandez was indicted this morning on a sexual battery charge on a victim unrelated to a murder charge from last year.

The city's youngest murder suspect, Fernandez, 12, is charged with murder in the first degree and aggravated child abuse. He is accused of hitting his half brother David Galarriago on the head at least twice on March 14, killing him.

The new indictment on the sexual battery charge was handed down this morning.

Although Assistant State Attorney Mark Caliel said he could not provide details on the battery victim, he said the attack was on a surviving sibling."

http://downtownjax.firstcoastnews.com/news/news/68702-cristian-fernandez-indicted-sexual-attack-another-sibling?odyssey=tab%7Ctopnews%7Cbc%7Clarge

They better try to put this kid away for life or society is going to have another Joesph E. Duncan on its hands to deal with in the future.

IMO

 

[Reality Orlando]

That is the big problem this country is facing.

Murderer are becoming younger and younger and their crimes more heinous in methodology. Many times they are premeditated crimes and after the crime the juvenile covers up what they have done and when caught shows not one ounce of remorse.

The juvenile system was established to handle petty crimes such as skipping school, joy riding, petty theft and even drug use but it was not intended to deal with extremely violent offenders such as murderers, rapists, armed robbers, and pedophiles.

I dont know the answer, but I do feel in certain circumstances it become more important to protect society than try to rehabilitate a youth where the mental health doctors have diagnosed the individual as a fledging psychopath.

Imo, the juvenile system is not the answer for these violent offenders. One could be 15-16 and kill as many people as they wanted to and only serve time until they are 18 and at the maximum 21. By the time they go to trial they hardly do anytime at all. Imo, that is just not reasonable and sends a message a youth can murder at will yet is not held to much accountability at all. If they know they will be treated differently in the justice system it gives them no incentive to abide by the laws of our land.

IMO, it should not be based straight across the board with age being the sole factor. Each case should be throughly based on the actual crime committed and if premeditation was present and how heinous the crime was and if the psyche doctors think the offender is ameniable to treatment or not.

My concern, admittedly so.. is not for the juvenile murderer or rapists but society as a whole that has to live among them if they are let out. It is the children who do not resort to such horrific acts that I feel should be protected from juveniles who resort to such violent acts.

There have been adult serial killers who murdered or raped as a juvenile. They got a slap on the hand serving little time or no time. It taught them nothing and they went on to commit other crimes and murdered more.

Imo, it is a way to prevent future crimes including murders from happening IF the offender is diagnosed early on with a conduct disorder. If they show no remorse then they have no conscience and to this day none of the mental health professionals have learned how to put a conscience inside of a human being that does not possess one.

Those that can be treated and were proved to have been horribly abused and murdered their abuser then that should be taken into consideration. But only if the abuse is verified as the motive.

However; the cases I have seen in the past five years or so have little to do with abuse and everything to do with the offender getting ticked about something when they were either told 'no' or did not want to do something they were asked to do by their parent or parents or they just wanted to do the kill for the thrill of it. I find these youthful offenders extremely scary and dangerous.

IMO

I totally agree...and from years of experience working with young people I can tell you this: there are some that are just born evil and nothing will ever change them.

 

[trofanji]

This kid is without a doubt a heavy sexual and physical abused kid who definitely doesn’t murder his younger half brother, yes he injured him seriously but called his mom when it has happened. The mom waited for hours before she gets medical help. The doctor said the 2 year old could live if the mom called for help early. This was not a premeditated first degree murder, not even second degree murder! It wasn’t a murder at all. If he called 911 instead his mom the younger brother would still live.
About the sexual abuse claim by DA, the boy does things that he know as a normal practice, because he was himself sexual abused.
And about all the other cases if you look deep into them you will find out that in most of those cases abuse took place. Those children need help not another abuse in adult prisons.

 

[Lera213]

Most Serial Killers were abused themselves! I will give the DA a little more credit because they know a lot more and I'm sure they had an evaluation also as well as the defense.

Save a child, he gets out at 18 and then what? No family, no money, no mom, no dad, no adoption. So just exactly would he be released? No my town that's for sure. Who would step up and take him in if he is only tried as a juvie? Not me. I have a big heart but by the time he gets out he is already way beyond help.

He I'm afraid is a lot older then 12. You bet this kid has street smarts therefore more like 16.

I do not think the DA would charge him as an adult if they really didn't see another option. You can tell they really didn't want to charge him as an adult but they had to for the public safety.

 

[BrownRice]

I really think this is one of those "you're damned if you and damned if you don't" situations.

He obviously wasn't give a good deck of cards when he was born and his mother and grandmother are pathetic excuses for parents (they should not escape punishment either). But, what do you do with this "child" if he is put into a juvenile facility and released at age 18? I surely don't want him around my family in the community. I know that sounds very heartless, but it's the truth. And if he is released and offends again, then there will be an uproar amongst the public about how could this have happened?

But it doesn't seem humane to keep him with adults though in a prison system that will most likely damage him further. That seems like a horrible situation, but what is the other solution to keep all of us safe from him?

Regardless of where he goes, someone will have to be delusional to think he will receive any type of rehabilitation.

 

[Kat]

What do we do then with these children? Warehouse them within prisons until they die a natural death if they aren't murdered by another inmate first?

Since there is no hope or rehabilitation possible for juvenile offenders then why not implement the death penalty for them?

That sounds strident and as if I'm upset or something but I'm not I just don't know how else to word it.

We can only imprison someone on the conviction of crimes committed we can't imprison someone on what they "might do" or to be honest probably will do.

(I'm on iPad my sentence structure suffers when I have to hunt and peck instead of touch type sorry).

We are between a rock a hard place with such youthful offenders committing such horrific crimes, but how can we say to a 9 yr old or a 12 yr old (not this one, he's already offended again I see) but say to a juvenile under the age of 13 that----- you are to be locked away for the duration of your natural life, you can not be and nor will we try to rehabilitate you. You are a monster and society does not want you ever.


Yes, I did read all the well thought out and very good explanations but it really breaks my heart because these kids get a feces sammich when they are born, get more feces sammiches shoved down their throat by every adult in their life and when they act out in horrific and catastrophic ways they are handed yet again that sammich and locked up for life. It sucks for the children and adults that were their victims and for them too.

So freakin sad it hurts my heart.

(But, I don't agree that a child is born evil)

Not arguing just blowing off steam because it really does hurt my heart for all of them)

jmho

 

[oceanblueeyes]

What do we do then with these children? Warehouse them within prisons until they die a natural death if they aren't murdered by another inmate first?

Since there is no hope or rehabilitation possible for juvenile offenders then why not implement the death penalty for them?

That sounds strident and as if I'm upset or something but I'm not I just don't know how else to word it.

We can only imprison someone on the conviction of crimes committed we can't imprison someone on what they "might do" or to be honest probably will do.

(I'm on iPad my sentence structure suffers when I have to hunt and peck instead of touch type sorry).

We are between a rock a hard place with such youthful offenders committing such horrific crimes, but how can we say to a 9 yr old or a 12 yr old (not this one, he's already offended again I see) but say to a juvenile under the age of 13 that----- you are to be locked away for the duration of your natural life, you can not be and nor will we try to rehabilitate you. You are a monster and society does not want you ever.


Yes, I did read all the well thought out and very good explanations but it really breaks my heart because these kids get a feces sammich when they are born, get more feces sammiches shoved down their throat by every adult in their life and when they act out in horrific and catastrophic ways they are handed yet again that sammich and locked up for life. It sucks for the children and adults that were their victims and for them too.

So freakin sad it hurts my heart.

(But, I don't agree that a child is born evil)

Not arguing just blowing off steam because it really does hurt my heart for all of them)

jmho

I do understand your passion, Kat.

But first of all a whole hellavu lot of children are dealt feces sammiches in their lives. Yet juveniles who resort to murder are in a small minority and most of the cases I have read in recent years the motive had nothing to do with the offender being dealt feces sammiches in their lives and much more to do with being self centered absorbed individuals with hair triggers who exploded in a murderous rage when being told 'no.'

In fact I see very few juveniles who murdered their abuser(s).

So who should we protect? The children and adults out in society that will have to deal with these premediated murderers/rapists who gets little or no time in juvey or the small group of juvenile murderers who do kill at will? I have to be honest. My concern is not with the minority who resorts to the most violent crimes imaginable but my concern is with society as a whole including the countless children who deal with feces sammiches everyday of their lives but go on to become productive citizens. Those are the ones I support.

As I have said before, I do not know the answer to this very serious problem our country is facing but I do firmly feel the juvenile system is not the answer when it comes to juveniles who commit the most gosh awful violent crimes against humanity.

IMOO

 

[Kat]

Thanks OCB , you know I thought to myself I got up this morning and said to myself good grief what does warehousing our youth because they are too violent because we fail them...say about our society.

I don't know why this makes me so upset, I mean I'm really distressed about the thought of children going to prison for life.

 

[Lera213]

Kat I have a big heart and wish to goodness that no child born would even remotely have a feces samich. It hurts my heart too and I say to myself with all the welfare programs out there why did this child slip through?

Why tonight on my local news I heard of 13 year old being charged with attempted murder for what? They burned a house down knowing people were inside. Reason was? Gang initiation.

If parents fail where do they reach out? If they go to DFS their child will be taken from them and they might get in trouble so they do not seek them out for help but to save a child who has issues is there.

I believe some children's brain during the first two to 5 years of development goes haywire. Something doesn't develop properly. Their environment and what they are exposed to makes it worse. It's like a scar that is not treated and gets so infected that the limb has to come off.

Perhaps since there are not that many cases like this boys, maybe the state should open a special hospital/home to give him constant positive re-enforcement to try save that "Limb"

My heart breaks every day when I hear of any child that is suffering. Until there is another avenue this child's only hope is to be locked up. Hopefully he will serve in Juvie first until he is 18 years old. He will get much needed counseling. If he is much improved perhaps the DA will re-evaluate and commute his sentence. If not, he goes to the big house. Either way the public is safe.

Would I risk another child dying or more? It's a no win situation.

 

[MagnoliaMom]

http://jacksonville.com/news/crime/2011-08-31/story/cristian-fernandezs-mom-responds-t-u-letter

But Susana said in her letter that state officials knew of troubles in her home, following her move to Jacksonville months after her husband committed suicide in front of some of the family. Police were on the way to arrest the man for abusing Cristian when it happened.

Even still, Susana said officials from the Department of Children and Families put Cristian and her other children on a waiting list for therapy. The counseling and child care help they promised never came, she wrote.

"Finally after the tragic death of my baby D.C.F. sent a therapist to my home leaving me to wonder why they failed to send one sooner," reads part of her three-page letter from Aug. 27.

Not only is there a cycle of physical and sexual abuse in this family but also a cycle that at 12 you become a grown up. Someone should have intervened 12 years ago. I think they are due some counseling while incarcerated whether it works or not.

Susana's 6-year-old son and 4-year-old daughter are in foster care and could be put up for adoption in a month, Children and Families spokesman John Harrell said. He also said any relatives who met agency screening requirements would get priority when it came to placements.

Can they please not fail these two? Get them some counseling and place them in a safe environment! Maybe they could be children at 12.

 

[Spurser]

I know this post will anger alot of people. But I think we need to stop being so politically correct and start dealing with these problems. The kid never had a chance. I'm not surprised at all that he turned out the way he did. He's not the first kid to do this and he won't be the last.

My suggestion is to start sterilizing parents from the first moment they are proven to be abusive or neglectful. If a mother and/or her baby is tested positive for drugs at birth, then she should be sterilized at that moment and the baby put up for adoption. Dad's too. If they test positive for drugs, get convicted of a violent offense, or the like, they should be sterilized.

Here's the part that will get everyone really mad. I don't think mothers living in poverty should be allowed more than 2 children. There are great mothers supporting their families via welfare and that's why I believe they should be allowed to have at least 2 kids. But if a parent can't make it with 2, he/she will never make it with more than that. I'm not talking about families who are temporarily on welfare, I'm talking about families who consider having kids to be their means of support (the more kids I have, the more money I get). I'm talking about generations and generations of this way of life. I think everyone receiving government assistance should be screened for drugs. If you test positive, you lose your check, you get sterilized, you get your kids taken away. If you don't want to lose your kids, don't do drugs.

I know drug addicts have no control and can't help it. That being said, we need to protect them (and their children) from themselves. Maybe there could be a policy that allows for sterilizations to be reversed if the person has been rehabilitated.

We will never stop this problem of violence and abuse if we don't take drastic measures. I don't like the idea of the government having control over another's body. But unless you stop the cycle, it will never end.

 

[trofanji]

I know this post will anger alot of people. But I think we need to stop being so politically correct and start dealing with these problems. The kid never had a chance. I'm not surprised at all that he turned out the way he did. He's not the first kid to do this and he won't be the last.

My suggestion is to start sterilizing parents from the first moment they are proven to be abusive or neglectful. If a mother and/or her baby is tested positive for drugs at birth, then she should be sterilized at that moment and the baby put up for adoption. Dad's too. If they test positive for drugs, get convicted of a violent offense, or the like, they should be sterilized.

Here's the part that will get everyone really mad. I don't think mothers living in poverty should be allowed more than 2 children. There are great mothers supporting their families via welfare and that's why I believe they should be allowed to have at least 2 kids. But if a parent can't make it with 2, he/she will never make it with more than that. I'm not talking about families who are temporarily on welfare, I'm talking about families who consider having kids to be their means of support (the more kids I have, the more money I get). I'm talking about generations and generations of this way of life. I think everyone receiving government assistance should be screened for drugs. If you test positive, you lose your check, you get sterilized, you get your kids taken away. If you don't want to lose your kids, don't do drugs.

I know drug addicts have no control and can't help it. That being said, we need to protect them (and their children) from themselves. Maybe there could be a policy that allows for sterilizations to be reversed if the person has been rehabilitated.

We will never stop this problem of violence and abuse if we don't take drastic measures. I don't like the idea of the government having control over another's body. But unless you stop the cycle, it will never end.

Sorry, but you frighten me the same as those who seeks a death penalty for children.