12 year old could become America's youngest to spend life in prison

The Daily Mail ^ | June 6, 2011 | Paul Thompson

[Pinkbell]

Prosecutors want to lock a 12 year old boy up for the rest of his life - to stop him from killing again. Cristian Fernandez could become America's youngest ever 'lifer' after being charged as an adult in the murder of his two year old brother.

Prosecutor Angela Corey said: 'We have to protect the public from this young man'. She recommended he face trial as an adult.

Ms Corey said the public had a 'right to be protected' from him.

If Fernandez were charged as a juvenile and convicted he would be free by the time he is 21 years of age.

Fernandez is alleged to have beaten his younger brother David Galarriago to death at their home in Jacksonville, Florida, in March.

The two year old died from a fractured skull that caused bleeding on the brain. He died two days after being admitted to a hospital.

An autopsy showed the injuries were caused with blunt force trauma consistent with being punched in the head.

Fernandez had previously assaulted his brother and broken his leg.

Prosecutors decided to charge Fernandez as an adult rather than a juvenile defender after reviewing his history of violence and behaviour.

(snip)

According to an arrest report Fernandez was looking after his younger brother at their home on the 11000 block of Alden Road, while their mother Biannela Susana was out.

When she returned to the family's apartment she found the toddler unconscious.

Instead of calling for an ambulance she wiped his face clean of blood, changed his clothes and put ice on his head, hoping it was just a concussion and the boy would wake up.

Police said she waited two hours before driving David to St. Luke's Hospital.

[Pinkbell]

A bit more of the article:

Doctors told police that if she had sought immediate medical treatment the boy might have survived.

According to court documents it was the second time David was injured at the hands of Fernandez.

The younger boy suffered a broken leg in January that was initially blamed on a fall from a jungle gym.

Court records show that Susana later admitted to the Florida Department of Children and Families that she lied to investigators and that Fernandez broke his younger brother's leg while wrestling with the boy.

Police said Susana continued to allow Fernandez to baby-sit his younger brother.

Fernandez is the youngest person in Florida to ever be charged as an adult with first degree murder. The charges carries a mandatory life sentence.

His mother has been charged with negligent homicide and goes on trial later this year.

I don't even know what to say. This story is so infuriating. This could have been prevented. By reading the article, I get the impression the fathers of neither boy were in the picture. The mother allowed this boy to babysit! He was only 12 years old, and he had previously broken the little boy's leg! It's obvious he had severe anger issues, but she seemed to be in serious denial of them because she lied about the broken leg incident. If she had recognized these issues, gotten her son help, and not allowed him to watch the little boy, this might not have happened. Furthermore, I don't know if it was due to ignorance, an attempt to again protect her 12 year old, or due simply to being a neglectful, uncaring mother, she stuck ice on the little boy's head and waited 2 hours to seek medical care! If she had gotten medical care right away, things might have been different! This story makes me want to scream.

There is a poll on the site asking whether you think he should be tried as an adult. So far, 73% say he should go for life.

[wastedyears]

Throw away the key.

[hosepipe]

A life sentence is NOT a life sentence..
You can still get a parole..

[familyop]

"while their mother Biannela Susana was out...Instead of calling for an ambulance she wiped his face clean of blood, changed his clothes and put ice on his head, hoping it was just a concussion and the boy would wake up."

She's liberated, eh? I wonder how long it will be, before 4-year-olds can be convicted and imprisoned as adults? Maybe the next generation of pagans will even built coliseums and bring the spectacle back.

[fieldmarshaldj]

See the picture of the 12-year old. Dead eyes.

[catbertz]

Creepy eyes for sure.

[lacrew]

“Biannela Susana was out.”....I wonder what ‘out’ means...

[restornu]

The whole thing is a nightmare in America when you think how many just grew up and then they procreate and are clueless.

..it is going to get worst

[jackibutterfly]

Shouldn’t the mother be arrested, also? Wouldn’t she be an accomplice to murder?

[ransomnote]

“...and put ice on his head, hoping it was just a concussion and the boy would wake up. “

Uh, so she wouldn’t take her 2 year old to the hospital if his head injury was ‘just’ a concussion???

[ArrogantBustard]

In Florida:

The most significant change, however, came in 1983. In that year, sentencing guidelines were enacted, thereby effectively abolishing parole for those offenders who were sentenced for crimes committed on or after October 1, 1983.

Currently, all inmates who committed a capital felony murder prior to May 25, 1994, and all inmates who committed all other capital felonies, including sexual battery prior to October 1, 1995, are also parole eligible.

That's a bit poorly worded, but it looks like this little creep will not be eligible for parole.

[PA Engineer]

At one time I believed all young children could be helped with proper professional care. I do not anymore.

A few years back, my family agreed to take over the care of a nephew for a year and help him to catch up on his education. We returned him after 6 months. A short list of problems included stolen money and credit cards, tortured and abused cats (broke the back of one of them), fire setting, constant lying for no reason, fights in school (was called in to see the tapes) and much more. We paid for professional care which was a failure. The Doctor agreed it was time to rid our home of the problem. There was no fixing it.

I read an interesting book Without Conscience: The Disturbing World of the Psychopaths Among Us, after our ordeal. I swore they were talking about my nephew. Imagine 3 percent of the world population are psychopaths. They can be anywhere from bosses, relatives, and politicians. The one thing they have is common is they leave human wreckage where ever they go. They are not fixable and best separated from the rest of society. They are born and not raised.

A simple heads up for you consideration.

[fieldmarshaldj]

And another question... where is dear ole dad ?

[fieldmarshaldj]

What happened to your nephew afterwards ?

[DTogo]

Mom: Biannela Susana
Son 1: Cristian Fernandez
Son 2: David Galarriago

Hmmm...

[Alice in Wonderland]

Dear ole dad has never been around, partly because he went to prison on sexual assault charges after impregnating the boy’s mother when she was just 12 years old.

The mother and her son were put into the foster care system when Fernandez was 2 and she was 14 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.

Documentation also indicates that abuse was occurring regularly in the home from the beginning of the boy’s life. The turmoil included his stepfather shooting and killing himself in front of the family to avoid arrest on child abuse charges.

[so_real]

A twelve year old is too young to sentence to life imprisonment. A death sentence would be far more merciful. But I say bring back the penal colonies. Collect the child, his mother, and his father. Exile them to a remote location with no conveniences where they are forced to rely upon one another and God for survival. There they will find opportunity to live productive lives, or perish. Lest we forget thanks to our contemporary public education system, America was used by the British as a penal colony right up until the American Revolutionary War. And look how successful we turned out. The system has merit.

[PA Engineer]

We sent him back to his grandfather (my brother). He is as dysfunctional as my nephew. I don’t want to know and have put a great deal of distance between us. People familiar with the events believe we will see his name in the news someday.

[DTogo]

And look how successful we turned out.

/s ??

[fieldmarshaldj]

*shaking head*