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

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  • #401
AnyNameIWish said:
Exactly. And if he has a bunch of family members telling him he has done NOTHING wrong, fighting for him to come home under just house arrest, what a disservice to the entire community! Pretty sure a look see into his entire cyber history will show more disturbing stuff... moo.

Hoping FL does right by the entire neighborhood and keeps him locked up!!! I worry about that teacher's safety!
Click to expand...

What we don’t know, though, but should, is whether his murder was targeting specifically mother, or something else triggered it. He didn’t hurt the baby, his sister. Could he be manipulated into doing it by his “friend” online, or was the friend a random online witness who is now dealing with own stress from the situation? If DR sent the shots to the friend, and the friend didn’t call the police, what does it mean? Or alternatively, did the friend advise him to call the police?

What transpired before? If nothing did, isn’t an evaluation warranted to understand what the heck goes in the head of a teenager who kills own mother? I really would like to know: 1) was the computer his own, or the family one? 2) if his own, what sites did he frequent? 3) did the family use any parental control filters? 4) if yes, did DR bypass them?
 
  • #402
Those google searches show it was completely premeditated and not impulsive. They show he definitely intended to kill.

What kind of learning disability could he even have, considering he was doing well in school? It couldn't be anything significant to the case, IMO. Just excuses.
 
  • #403
ChatteringBirds said:
Those google searches show it was completely premeditated and not impulsive. They show he definitely intended to kill.

What kind of learning disability could he even have, considering he was doing well in school? It couldn't be anything significant to the case, IMO. Just excuses.
Click to expand...

We don’t know anything.
The truth is, if the school missed a LD, it is a serious thing for them. Could they have missed that the kid was a loner, naive, communicated online with a person whose age/gender he was unaware of? Surely. Was mother close to school, attended parent/teacher conferences, or was he a new kid on the block? We don’t know.
I think that a solid neurocognitive evaluation could answer some questions. As it is, I don’t know.
He didn’t know his address. Is it because they just moved, because he is “like that,” at 13, or couldn’t remember? Only a neurocognitive testing could answer, IMHO.
 
  • #404
Charlot123 said:
I think that a solid neurocognitive evaluation could answer some questions. As it is, I don’t know
Click to expand...

Let's say he does have a missed learning disability, or isn't neurotypical, etc.

What do you believe should be changed or done, as a result of knowing that about him?
 
  • #405
Moo,
All this talk of him "possibly having" a learning disability being a possible rationale for this... what he is seen on video doing..... to me is a disservice to people who actually DO live with a learning disability.. This is defense attorneys grasping at straws.
 
  • #406
Last December, I think prosecutors had barely scratched the surface, and I think much more has been revealed/discovered since then. I won't be surprised if we learn DR also believed punishment for a 13 yr old (and learning disabled), would amount to a slap on the wrist.

While the trial court in many states has discretion when sentencing violent defendants under the age 18, I know the Supreme Court of some states including WA has ruled life sentences of teens unconstitutional.

The last sentence I recall for a Florida minor was last year-- Aiden Fucci, who plead guilty to fatally stabbing Tristyn Bailey, 13.

Although sentenced to life, his sentence is subject to review by a Judge in 25 years. Fucci was age 14 at the time of Bailey's murder.

www.nbcnews.com

Florida teen sentenced to life in prison for fatally stabbing cheerleader

Aiden Fucci was 14 when he killed 13-year-old Tristyn Bailey on May 9, 2021, authorities said. He pleaded guilty to first-degree murder in February.
www.nbcnews.com www.nbcnews.com
 
  • #407
It's very confusing because initially, DR was described as an 'Honour Student' with high grades, good attendance and no disciplinary issues.

Now he is being described as someone with Learning Disabilities who may be autistic?
 
  • #408
ChatteringBirds said:
Let's say he does have a missed learning disability, or isn't neurotypical, etc.

What do you believe should be changed or done, as a result of knowing that about him?
Click to expand...

JMO “atypical” is a huge basket holding many different conditions united by certain similarities (and more so, diagnostic codes) but genetically, very different. We don’t know yet the full scope of their difference.

1) As the society, we have too many school shooters, too many serial/mass killers, too many people obsessed with death on camera, etc. I hope that early intervention will allow for better prevention, but what kind of intervention is necessary is yet unclear. So far, we don’t even know what would be the target group in this huge basket of “neurodivergence”. Some studies state that after 24, the risk of school shooting precipitously declines. We don’t know what in the brain development provides for it.

Obviously, one diagnosis ≠ similar behavior. Here is where we lag behind, we can generally diagnose but we are poorly aware of the specifics. We need more scientific data to explain, study and prevent. These kids whose names we know so well…they could provide a wealth of data. This is why I am “pro-study” and anti- “lock them up and throw away the key” approach. Such an approach would satisfy the public in the context of this Derek Rosa, but won’t stop another one.

2) to me, incarceration is not about punishment. I don’t think that for IG’s orphaned baby daughter, her brother’s incarceration will make life any easier. Incarceration is a utilitarian measure: the society needs to be protected from very dangerous criminals. We, the community, feel safer knowing that DR can’t attack us. So from this standpoint, I agree with the majority. There is no alternative to incarceration.

3) however, if DR has the diagnosis, the opposite is true, too. The diagnosis puts him in a vulnerable group. He may be is ill-equipped to survive behind bars. He may be victimized. If DR has a certain diagnosis, therapeutic measures during his stay might be warranted. IMHO. Example: when we ask for disability-accessible pffice buildings, we don’t perform background checks on every disabled client. The law and the morals expect that the society will accommodate the needs of those who are not fully self-sufficient. So if DR, who has committed matricide, is so mentally challenged that he doesn’t even process his own motherless future (and what can be worse than that?), then perhaps yes, something is seriously amiss in him, and we have to provide certain accommodations for his time in jail.

(Not to say that long-term incarceration doesn’t allow people to adjust to life in the society and that maybe one day he will realize what he did and his suicidal risk will be through the roof…this, too).
 
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  • #409
www.nbcmiami.com

Hearing canceled for Hialeah teen who confessed to killing mom

Another status hearing is being held for the 13-year-old who confessed to stabbing his mother to death inside their Hialeah apartment last year.
www.nbcmiami.com www.nbcmiami.com

5/29/24

Another status hearing was scheduled Wednesday for the 13-year-old who confessed to stabbing his mother to death inside their Hialeah apartment last year.

Judge Richard Hersch later announced in court that Rosa's case would not be heard that morning.

A discovery status had been ordered to be made in writing, Judge Hersch said. Further status conferences and the Arthur hearing will be set by the end of the week.

During a previous status hearing in April, Derek Rosa did not attend, but his family was at the courthouse during the hearing.
 
  • #410
  • #411
So he has now turned 14. But no more birthdays for his poor mother.
 
  • #412
State Case No.:13-2023-CF-021321-0001-XXName:ROSA, DEREKDate of Birth:08/26/2010
Date Filed:10/26/2023Date Closed:
Hearing Date:09/20/2024Hearing Time:15:00Hearing Type:R
Court Room:REGJB - JUSTICE BUILDING, ROOM No.: 4-8

Updating Docket -- last pulled in April 2024!
ETA - Oops, I see @PayrollNerd updated May.

View ImageDINDateBook/PageDocket
25409/09/2024AMENDED DISCOVERY EXHIBIT
25309/06/2024NOTICE OF UNAVAILABILITY OF COUNSEL UNAVAILABILITY
25209/06/2024ORDER: ON THE DEFENSE MOTION FOR PROTECTIVE ORDER OF RECORDS PROTEC TED BY PRI
25009/05/2024REPORT RE: STATUS SET FOR 09/20/2024 AT 15:00
24908/29/2024ORDER: ON ACCESS TO RECORDS
24809/05/2024AMENDED DISCOVERY EXHIBIT
24709/04/2024AMENDED DISCOVERY EXHIBIT
24609/04/2024AMENDED DISCOVERY EXHIBIT
24509/04/2024REPORT RE: BY COURT-JUD REQ SET FOR 09/05/2024 AT 15:30
24409/04/2024REPORT RE: STATUS CONFERENCE SET FOR 09/05/2024 AT 15:30
24308/30/2024NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM
24208/28/2024NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM
24108/28/2024ORDER: DIRECTING SCHOOL BOARD TO EXPEDITE THE EVALUATIONS
24008/26/2024ORDER: ON DISCOVERY
23908/28/2024MOTION FOR PROTECTIVE ORDER OF RECORDSPROTECTED BY PRIVACY RIGHTS
23808/27/2024NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM
23708/26/2024AMENDED DISCOVERY EXHIBIT
23608/22/2024AMENDED DISCOVERY EXHIBIT
23508/22/2024AMENDED DISCOVERY EXHIBIT
23408/22/2024AMENDED DISCOVERY EXHIBIT
23308/22/2024AMENDED DISCOVERY EXHIBIT
23208/22/2024AMENDED DISCOVERY EXHIBIT
23108/22/2024AMENDED DISCOVERY EXHIBIT
23008/22/2024AMENDED DISCOVERY EXHIBIT
22908/22/2024AMENDED DISCOVERY EXHIBIT
22808/21/2024NOTICE OF TAKING DEPOSITION THIRD AMENDED
22708/20/2024REPORT RE: BY COURT-JUD REQ SET FOR 08/21/2024 AT 09:00
22608/20/2024REPORT RE: STATUS CONFERENCE SET FOR 08/21/2024 AT 09:00
22508/14/2024AMENDED DISCOVERY EXHIBIT
22408/10/2024REQUEST: FOR CLARIFICATION OF COURT ORDER ENTERED AUGUST 1 2024 DEFEN SE
22308/09/2024RESPONSE TO/FROM: THE STATE OF FLORIDA COURT ORDERED INTERIM DISCOVERY DEFENSE S
22208/13/2024NOTICE OF TAKING DEPOSITION SECOND AMENDED
22108/12/2024AMENDED DISCOVERY EXHIBIT
22008/08/2024NOTICE OF TAKING DEPOSITION CANCELLATION
21908/07/2024STATE'S RESPONSE TO DEFENDANT'S STATES INTERIM DISCOVERY REPORT PURSUANT TO COURT ORDER DATE D AUGUST
21808/06/2024AMENDED DISCOVERY EXHIBIT
21708/06/2024AMENDED DISCOVERY EXHIBIT
21608/01/2024ORDER: SECOND INTERIM ORDER TO PARTIES REGARDING DEFT'S MTN FOR REC ONSIDERA..
21508/01/2024ORDER: AUGUST 1, 2024 INTERIM ORDER REGARDING DISCOVERY
21407/30/2024RESPONSE TO/FROM: TO INTERIM ORDER COUNTYS
21307/29/2024SUPPLEMENTAL DEFENSE WITNESS LIST
21207/26/2024MOTION TO COMPEL DEFENDANTS FOURTH DISCOVERY
21107/26/2024RESPONSE TO/FROM: DEFENSE TO COURT ORDER JULY 17 2024 AND DEFENSE REQUESTTO SC HEDULE
21007/26/2024NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
20907/17/2024ORDER: INTERIM ORDER DIRECTING PROVISION OF ADDITIONAL MATERIALS
20807/17/2024AMENDED DISCOVERY EXHIBIT
20707/17/2024AMENDED DISCOVERY EXHIBIT
20607/17/2024EMAIL RECEIVED FROM: BARBARA NARVAEZ 3:30PM
20507/17/2024EMAIL RECEIVED FROM: GABRIELA DURON
20407/17/2024EMAIL RECEIVED FROM: YAJAIRA GELVEZ
20307/17/2024EMAIL RECEIVED FROM: BARBARA NARVAEZ
20207/17/2024EMAIL RECEIVED FROM: VANINA AVILA
20107/17/2024EMAIL RECEIVED FROM: LUZ BEJARANO
20007/17/2024EMAIL RECEIVED FROM: ANDREA CORDOVA
19907/17/2024EMAIL RECEIVED FROM: DORA LAURA 8:46PM
19807/17/2024EMAIL RECEIVED FROM: LAURA DORA
19707/17/2024EMAIL RECEIVED FROM: LUZ BEJARANO
19607/17/2024EMAIL RECEIVED FROM: CINTHYA MRDINA
19507/17/2024EMAIL RECEIVED FROM: ANA ESTUPINAN
19409/05/2024REPORT RE: STATUS SET FOR 12/31/2024 AT 15:00
19307/16/2024NOTICE OF TAKING DEPOSITION CANCELLATION
19207/15/2024MEMORANDUM:- SUPPLEMENTAL MEMORANDUM TO DEREK ROSAS MOTION FORRECONSIDERA TION
19107/15/2024REPORT RE: STATUS SET FOR 07/17/2024 AT 09:00
19007/12/2024LETTER FROM:- ROSA M CASTILLO
18907/04/2024MOTION TO/FOR: DEREK ROSAS MOTION FOR RECONSIDERATION
18806/24/2024AMENDED DISCOVERY EXHIBIT
18506/18/2024NOTICE OF UNAVAILABILITY OF COUNSEL DAYLISET RIELO ESQ
18406/18/2024NOTICE OF UNAVAILABILITY OF COUNSEL JOSE A BAEZ ESQ
18306/05/2024REPORT RE: STATUS SET FOR 07/15/2024 AT 09:00
18105/29/2024DEFENSE ATTY PRIV/PEOPLES, ROSEMARIE
18006/03/2024NOTICE OF HEARING CANCELLATION
17905/31/2024AGREED ORDER PROTECTIVE ORDER
17805/31/2024AMENDED DISCOVERY EXHIBIT
17705/31/2024DISCOVERY STATES INTERIM DISCOVERY REPORT PURSUANT TO COURT ORDER DATE D MAY 20
17605/31/2024NOTICE OF DISCOVERY FOR DEFENDANTS RECIPROCAL
17505/31/2024DEFENSE WITNESS LIST
17205/29/2024AMENDED DISCOVERY EXHIBIT
17105/29/2024DISCOVERY DEFENSE AMENDED REPORT
17005/29/2024NOTICE OF APPEARANCE ROSEMARIE PEOPLES CHILDDEFENDANT DEREK ROSA
16905/28/2024AMENDED DISCOVERY EXHIBIT
16805/23/2024NOTICE OF TAKING DEPOSITION AMENDED
16705/20/2024NOTICE OF TAKING DEPOSITION
16505/20/2024ORDER: INTERIM ORDER REGARDING DISCOVERY
16405/20/2024DEMAND FOR DISCOVERY OF EVIDENCE FAVORABLE TO THE DEFENDANT
16305/20/2024MOTION TO COMPEL DISCOVERY
16205/20/2024REQUEST: DISCOVERY UPDATE
16105/15/2024AMENDED DISCOVERY EXHIBIT
16005/15/2024AMENDED DISCOVERY EXHIBIT
15906/04/2024REPORT RE: STATUS SET FOR 07/15/2024 AT 09:30
15805/09/2024NOTICE OF TAKING DEPOSITION
15605/06/2024AMENDED DISCOVERY EXHIBIT
15505/03/2024AMENDED DISCOVERY EXHIBIT
15405/03/2024AMENDED DISCOVERY EXHIBIT
15305/03/2024AMENDED DISCOVERY EXHIBIT
15205/02/2024ORDER: DIRECTING JACKSON HEALTH SYSTEM TO PROVIDE MEDICAL RECORDS F OR DEREK R
15104/23/2024ORDER: ON DEREK ROSAS REQUEST TO RECORD ZOOM PROCEEDINGS
14904/19/2024REPORT RE: STATUS CONFERENCE SET FOR 05/29/2024 AT 09:00

 
  • #413
Hearing
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11/12/202408:30R

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Hearing Date:​


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Hearing Time:​


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[td]REGJB - JUSTICE BUILDING, ROOM No.: 4-8[/td][td][/td]


DateBook/PageDocket
26711/08/2024REPORT RE: STATUS SET FOR 11/12/2024 AT 08:30
26610/29/2024AMENDED DISCOVERY EXHIBIT
26510/28/2024REPORT RE: BY COURT-JUD REQ SET FOR 10/29/2024 AT 08:00
26410/28/2024REPORT RE: STATUS SET FOR 10/29/2024 AT 08:00
10/04/2024REPORT RE: BY COURT-JUD REQ SET FOR 10/07/2024 AT 12:00
26210/04/2024REPORT RE: STATUS SET FOR 10/07/2024 AT 12:00
26110/03/2024MOTION TO/FOR: RENEWED DEFENSE MOTION TO STAY COURT ORDER OF AUGUST 29 2024 AND COU
26010/02/2024NOTICE OF TAKING DEPOSITION

[td]


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  • #414
10/8/24

 
  • #415
  • #416
www.nbcmiami.com

Derek Rosa is to be tried as an adult one year after his mother's brutal murder

This Saturday marks one year since a Hialeah mother was brutally stabbed, allegedly by her 13-year-old son Derek Rosa.
www.nbcmiami.com www.nbcmiami.com

10/11/24

For the past year, the young man has been in the Metrowest Detention Center, where he spends long hours alone, away from his family and supporters who are fighting for his freedom.

“We maintain the concern that education, unfortunately, is not what it should be; the hours are not constitutional, nor is medical care adequate. That has been our position from the beginning,” said Rielo.

The judge urges lawyers to prepare for a trial very soon. For now, the trial is set for a tentative date at the end of this year.
 
  • #417
DR looking older and heavier in his latest virtual hearing...

www.nbcmiami.com

Family emotional as Derek Rosa appears virtually in status hearing

The family of a teenager accused of murdering his mother in Hialeah burst out in tears Friday when they saw him appear in court virtually.
www.nbcmiami.com www.nbcmiami.com

9/20/24

The family of a teenager accused of murdering his mother in Hialeah burst out in tears Friday when they saw him appear in court virtually.

Derek Rosa, 14, is accused of stabbing his 39-year-old mother, Irina Garcia, over 40 times back on Oct. 12.

The teen’s attorneys want him to be transferred from jail to juvenile detention but for the second time on Friday, a judge denied the request.
 
  • #418
It's interesting to learn that he is in adult jail because he is charged as one. While he's accused of a horrific crime, being in solitarily confinement seems harsh for his age.
He behavior is also interesting. He seems to be a bright kid but you can't truly understand what's beneath that. I wonder if this is due to his autism and ADHD or is he a psychopath. He may prefer the isolation, MOO.
He didn't want to harm his sister, perhaps he cared something for her. A sister he is likely to never speak to or see again.
I thought perhaps jealousy was the motive. But maybe it was some deep seated resentment of mom. MOO
 
  • #419
Seattle1 said:
www.nbcmiami.com

Derek Rosa is to be tried as an adult one year after his mother's brutal murder

This Saturday marks one year since a Hialeah mother was brutally stabbed, allegedly by her 13-year-old son Derek Rosa.
www.nbcmiami.com www.nbcmiami.com

10/11/24

For the past year, the young man has been in the Metrowest Detention Center, where he spends long hours alone, away from his family and supporters who are fighting for his freedom.

“We maintain the concern that education, unfortunately, is not what it should be; the hours are not constitutional, nor is medical care adequate. That has been our position from the beginning,” said Rielo.

The judge urges lawyers to prepare for a trial very soon. For now, the trial is set for a tentative date at the end of this year.
Click to expand...

If I didn’t know “why” the young man was in custody at MDC. Based on your snip of the news story, I might be outraged on his behalf.

I read most of the thread from the beginning. I’m horrified how he brutally murdered his own Mom. It seems like the diagnosis are merely a defense strategy and not comprehensive at all?

Have we heard from family members what the relationship was like with his Mom? Curious about the slur he called her before the stabbing began? What is that about?
 
  • #420
Bumping the ruling when Judge decided to keep DR in jail and not return him to juvenile facility awaiting his trial.
Seattle1 said:
Here's the Judge's ruling not to return DR to juvenile only facility until his trial begins following a multi-day testimony:

www.local10.com

Judge denies bid to transfer Derek Rosa back to juvie after being charged in mom’s murder

A Miami-Dade County judge is expected to decide Friday whether Derek Rosa, 13, who is accused of killing his mother, Irina Garcia, 39, in October will be transferred back to juvenile detention.
www.local10.com www.local10.com

12/15/23

In court on Friday, testimony was heard from instructors who are teaching Rosa different school subjects, as prosecutors argue that the teen is receiving the appropriate care that is required by law.

[..]

Oden said Rosa, who is being kept alone in a cell under 24/7 supervision, is occasionally able to leave his cell and continues his middle school education, meeting with him at least three times a week and another three times a week with Kimberly Charles, a language arts teacher who testified Friday.

“Do you suspect he (Rosa) has a learning disability?” the judge asked Charles during her testimony.

“Yes,” she responded. “He is always telling me he doesn’t understand.”

[..]

“His autism spectrum disorder is another risk factor for suicide,” he [forensic psychologist] said.

“Nobody ever diagnosed him with autism ever before except someone at the jail?” asked the judge. “I have a good 7-8 years of school records that don’t indicate that either and all of a sudden someone in the jail after incarceration thinks he has autism?”

The social interaction he will get in a juvenile facility would help and I think we should treat him like his autism until that is proven not to be true,” Kupers suggested during his testimony.

The judge said in court that he was concerned about the time Rosa has spent outside the cell but said that corrections are in compliance while monitoring mental his health and that there were no clear violations of Rosa’s constitutional rights.

[..]

Corporal Cyrim Wimbs, a corrections officer from the Metro West Detention Center, testified that Rosa is under protective custody and is “flourishing.”
Click to expand...
 
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