FL - Derek Rosa, 13, charged as adult in stabbing death of mother Irina Garcia in her sleep, 13 Oct 2023

[neesaki]

This kid is just evil.

He knew what he was doing and his family doesn't think he did anything wrong and wants him tried as a juvenile.

I agree. Gives me the creeps.

 

[imstilla.grandma]

In court Tuesday, defense attorneys said they want to present witnesses to prove Derek Rosa's rights are being violated inside Metro West.

Judge Hersch said he believes Rosa is required to be at Metro West, but he will allow the defense the time they need to attempt to prove their case.

Defense attorneys said they have about six witnesses set for day two of the evidentiary hearing, which is scheduled to be on Thursday.

Ahead of the next hearing, attorneys will reportedly try collect movement and medical logs from inside the jail -- to try and prove their allegations

Decision postponed on whether Hialeah teen accused of mom's murder will stay in adult jail

Miami-Dade Judge Richard Hersch is set to decide if the Hialeah teen who confessed to brutally stabbing his mother to death in October will be allowed to return to the Juvenile Detention Center or remain at the Metro West Detention Center.

www.nbcmiami.com

 

[iluvmua]

Someone correct me if I'm wrong but if he gets tried as a juvenile, doesn't he get out at either 18 or 21 and then have his record sealed?

 

[Kemug]

This just gets worse and worse. There is obviously no question of his guilt, and IMO he is a very dangerous person, juvenile or not. I don't believe he should get the DP, but neither do I think he should be freed anytime soon. Maybe in 40 years he could be given parole, if he has behaved himself. He would still be in his 50's, and probably have plenty of time left to enjoy his later years. Which is more than his mother had.

 

[Seattle1]

Maybe they had him physically walk them through his actions that evening. Not something done with every crime, but not unheard of, especially if the suspect is cooperating and disclosing fully.

But if it is moving him to a different facility, I hope it's one for juveniles. Thirteen year olds don't belong in adult jail.

MOO

It's not clear to me if Metro West is a Juvenile facility whereas Miami Dade Juvenile Detention Center is but the average stay in secure detention is approx 15 days???

Nonetheless, it appears from the docket below that the defense has filed motion to transfer DR to juvie custody pending trial.

https://www2.miamidadeclerk.gov/cjis/CaseSearch.aspx?AspxAutoDetectCookieSupport=1

51

11/27/2023

STATE'S RESPONSE TO DEFENDANT'S MOTION TO TRANSER THE DEFENDANT TO JUVENILE CUSTODY PENDING TRIAL

Program Description:

The Miami Dade Juvenile Detention Center is a 98 bed, hardware secure facility that serves youth detained by various circuit court(s). Youth are detained pending adjudication, disposition or placement in commitment facility.

The facility provides supervision of youth in a safe, secure and humane environment. Services for youth include: education, mental health, substance abuse, and health care. Medical and mental health are contracted services. Educational services are funded by the Department of Education through local school districts.

A typical day in secure detention would involve hygiene, meals, school, structured physical and educational activities, and court appearance as scheduled. The average length of stay in secure detention is approximately 15 days.

Miami Dade Regional Juvenile Detention Center

www.djj.state.fl.us

Metro West [MWDC] is the newest of the three jails, located near the Everglades in the western part of Miami-Dade County. In Metro West, there are mental health cells, an ADL cell for people with physical disabilities, and people serving misdemeanor sentences.

Metro West — Beyond the Bars

www.beyondthebars.com

 

[Seattle1]

Someone correct me if I'm wrong but if he gets tried as a juvenile, doesn't he get out at either 18 or 21 and then have his record sealed?

Depends on the State. In this case, DR confessed to the brutal crime and sent photos to his friends -- IMO, there's no way he's not being charged as an adult.

Chilling crime scene photos released in case of 13-year-old accused of mom's murder in Hialeah​

Dec 4, 2023
Derek Rosa is facing a murder charge in the Oct. 12 killing of his mother. He’s being charged as an adult and is currently being held at the Metro West Detention Center.

 

[PayrollNerd]

At the bottom of this article, the section of Metro West is discussed. He’s housed in the unit with other teens and is in a cell by himself. He’s not allowed to interact with any other teen, only the staff.

Decision postponed on whether Hialeah teen accused of mom's murder will stay in adult jail

Miami-Dade Judge Richard Hersch is set to decide if the Hialeah teen who confessed to brutally stabbing his mother to death in October will be allowed to return to the Juvenile Detention Center or remain at the Metro West Detention Center.

www.nbcmiami.com

 

[Seattle1]

It's not clear to me if Metro West is a Juvenile facility whereas Miami Dade Juvenile Detention Center is but the average stay in secure detention is approx 15 days???

^^rsbm

OK, the Judge clarified that Metro West is not a juvenile facility per se but the law requires he be detained at Metro based on the serious nature of the crime allegedly committed by DR. There are a few teens currently being housed at Metro West but they are older than 13.

Viewing the teen in court, waving at his dad and grandmother was very strange -- as if he does not understand the seriousness of his crime and/or the charges he faces. JMO

IMO, the younger teens housed at Miami Dade Juvenile Detention Center would be endangered if DR was returned there. I believe DR needs to be observed 24/7 and should be in the newer Metro West facility. JMO

 

[Seattle1]

Chilling footage shows Florida honors student lurking over mom’s bed moments before he allegedly stabbed her to death

The 8th-grade honor roll student had confessed to murdering his mother, telling the dispatcher, “There’s blood all over the floor.”

nypost.com

12/5/23

His father, Jose, was seen waving at his son, even blowing him a kiss, while his grandmother started crying as his lawyers took the not-guilty plea. After the court hearing, his relatives disagreed with Rosa being charged as an adult — insisting that he was a “good boy.”

 

[Seattle1]

Derek Rosa, 13, appears in court as defense team tries to get him moved to juvenile detention​

Dec 5, 2023
Derek Rosa, 13, who is accused of killing his own mother, appeared in court Tuesday as his defense team attempted to have him moved back to juvenile detention.

 

[Seattle1]

Family returns to court to advocate for teen murder suspect’s transfer to juvenile facility - WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale

MIAMI (WSVN) - The family of 13-year-old Derek Rosa continues their battle to have him moved from the adult Metro West Detention Center, where he<a class="excerpt-read-more"...

wsvn.com

The question of where Derek Rosa should be held has been a subject of legal contention. The judge, who has twice delayed a decision, emphasized the need to determine the suitability of the adult facility for the juvenile.

At Tuesday’s hearing, the judge stated, “What I need to hear is what’s going on in the adult facility. Is it suitable for this particular juvenile?”

Another hearing is scheduled for Friday to decide whether Rosa should be transferred back to juvenile corrections. His murder trial is anticipated to begin in February or March.

 

[Kemug]

He doesn't look or act like a child, and he definitely isn't a "good boy", even if he was once. Yes, he deserves a second chance - as I said before, maybe in about 40 years.

 

[PayrollNerd]

Court Case ID: F-23-021321
State Case ID: 13-2023-CF-021321-0001-XX
MURDER 1ST DEGREE
ROSA, DEREK
DOB 08/26/2010

MSM says his next hearing is Thursday, then another article says Friday. The online court record has Thursday, so far.

Docket

https://www2.miamidadeclerk.gov/cjis/CaseSearch.aspx

 

[ChatteringBirds]

He was probably good at pretending to be good, but if he doesn't seem to be deeply feeling the loss of his own mother and the horror of taking away his baby sister's mother forever, something is very off inside him.

I wonder what his step-father is thinking.
I also wonder if the "friend" he was discussing this with online lives within the U.S. and broke any laws?

 

[Kemug]

I wonder if the stepfather will want any further contact with his stepson. He probably did his best to be a good stepfather before this tragic event, but now? I don't think anyone could possibly blame him if he never wants to have anything to do with him from now on.

 

[PayrollNerd]

I wonder if the stepfather will want any further contact with his stepson. He probably did his best to be a good stepfather before this tragic event, but now? I don't think anyone could possibly blame him if he never wants to have anything to do with him from now on.

Legally, it’s probably in his best interest to stay away until after the trial & sentencing. If I remember correctly, he was a long haul truck driver. So his time with this boy was intermittent, to some degree. I’m sure his testimony will be enlightening for both sides.

This boys biological family is in denial. I think the truth of this child’s personality will come out eventually. JMO

 

[Sarahlou]

I wonder if the stepfather will want any further contact with his stepson. He probably did his best to be a good stepfather before this tragic event, but now? I don't think anyone could possibly blame him if he never wants to have anything to do with him from now on.

I really can't imagine so but stranger things have happened.

 

[imstilla.grandma]

NBC6 was told he is the youngest of 34 juveniles being held at the new juvenile section at Metro West, and that the rest are 16 and 17 years old

Hialeah 13-year-old arrested in mom's murder has bid to leave adult jail delayed

A 13-year-old boy accused of stabbing his mother to death in Hialeah was back in court Thursday as his attorneys seek to have him transferred out of an adult jail to the juvenile detention center while he waits trial.

www.nbcmiami.com

 

[Seattle1]

Hialeah 13-year-old arrested in mom's murder has bid to leave adult jail delayed

A 13-year-old boy accused of stabbing his mother to death in Hialeah was back in court Thursday as his attorneys seek to have him transferred out of an adult jail to the juvenile detention center while he waits trial.

www.nbcmiami.com

12/7/23

In court earlier this week, defense attorneys said they want to present witnesses to prove Rosa's rights are being violated inside Metro West and that he should be moved back to juvenile detention.

Defense attorneys previously said they have about six witnesses set for day two of the evidentiary hearing, which was scheduled for Thursday but was pushed back to next week so attorneys have time to review records from the corrections department.

 

[PayrollNerd]

Court Case ID: F-23-021321
State Case ID: 13-2023-CF-021321-0001-XX
MURDER 1ST DEGREE
ROSA, DEREK
DOB 08/26/2010

Docket Update:

https://www2.miamidadeclerk.gov/cjis/CaseSearch.aspx