The 12-Year-Old Who Could Become America’s Youngest Ever ‘Lifer’ For Killing Two-Year-Old Brother

Paul Thompson, Daily Mail (London), June 6, 2011

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 over the murder of his two-year-old brother.

Prosecutor Angela Corey said: ‘We have to protect the public from this young man’. She recommended that 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.

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.

State Attorney Angela Corey said, ‘It’s one where you go, at what point do you step in, so you prevent another murder, and that’s how we felt in this case.

‘If we don’t intervene now and do the tough thing. We have to protect the public from this young man.

‘The fact that we indicted a 12-year-old in and of itself is a stunning event and a sad event in our prosecutorial lives that we had to do this, but it is the only legal mechanism that we can use to protect the community from this particular defendant at this point’.

Fernandez’s defence has compiled a dossier exposing family turmoil, sexual battery and an abusive stepfather’s suicide.

His mother Biannela Susana, 25, had him when she was just 12-years-old.

Both mother and child were put into the foster care system when Fernandez was two and she was 14 after 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.

Documentation also indicates that abuse was occurring regularly in the home from the beginning of Fernandez’s young life.

His stepfather shot himself in front of the family to avoid being arrested on child abuse charges.

The 12-year-old has been examined by two forensic psychologists who found him to be emotionally underdeveloped but essentially reformable despite a tough life.

Assistant Public Defender Rob Mason, one of two attorneys assigned to defend Fernandez, said: ‘The whole system has failed him. This child clearly is a victim. We think he can be rehabilitated and, as his lawyers, we will fight for that.’

Mr Mason said Fernandez’s father has never been around, partly because he went to prison on sexual assault charges after impregnating Fernandez’s mother.

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 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.

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 carry a mandatory life sentence.

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

Fernandez.jpg

Cristian Fernandez

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  • ATBOTL

    More of those Hispanic family values the Bush’s of the world think we need more of.

  • joe

    There are evil people in all stages of life. We have court trials to sort out the facts. Fact is that a 12 year old can be just as evil and cruel as an 18 or 30 year old.

    I see nothing wrong with a life sentence esp. to protect the public from monsters like this.

    As far as psychological evaluations — c’mon, that’s a joke and we all know it. Some people are just innately cruel for no reason at all, plain and simple.

  • Anonymous

    Just another immigrant family enriching America — bringing vibrante and colorful culture, and new ways of doing things to a neighborhood near you.

    Note that White taxpayers (YOU) will be paying to house and feed this excuse for a human for as long as he is in jail. In California, it cost $49,000 per year to support each State prisoner. That would be almost enough to support a White family of 4 in a low-cost rual area.

    Ever wonder why your taxes are so high? Ever wonder why this Nation is bankurpt and in recession and why you don’t have a job and why your kids will remain unemployed? Could maybe spending tens of Billions of Dollars/yr on Minority social pathologies instead of on building factories and infrastructure have something to do with it?

  • 38specialady

    Look at this picture – the boy has no conscience. I worked for the Department of Juvenile Justice for many years, and I’m here to tell you that some children as young as eight or ten would just as soon cut your throat as look at you. This boy’s soul is a black hole, and at his age, it’s too late. Sad that he is a product of his environment, but he needs to be put away for a very long time. He is beyond help.

  • olewhitelady

    It’s unusual to hear authorities talk about putting a criminal away to protect society, and it’s certainly something we need to hear more often. It should be clear to everyone by now that rehabilitation doesn’t work, and what difference does it make if a criminal was treated badly by his family? This has probably been so since we lived in caves.

    I consider a criminal even more dangerous if he begins his antisocial behavior during childhood. It shows that he’s already turned sour and may have a long life of crime ahead of him.

  • Spartan24

    The most disturbing thing about this article- other than the belief that this kid could be “reformed” is the picture. This kid has that thousand yard “nothing” stare that is so common in kids like this. He should be charged as an adult and never see the light of day again. This behavior is obviously a generation situation and needs to be stopped before anyone else dies.

  • Anonymous

    Assistant Public Defender Rob Mason, one of two attorneys assigned to defend Fernandez, said: ‘The whole system has failed him. This child clearly is a victim. We think he can be rehabilitated and, as his lawyers, we will fight for that.’

    The “system” is not responsible for his upbringing and conduct. That was his family’s job. That they failed to raise him as a civilized human being has been clearly shown. Maybe in that sense he is also a type of victim, but if he’s not removed from our society, the rest of us will suffer too. The only question is what to do with him, and the answer is found in the laws. The laws allow only what the State of Florida is trying to do: remove him from society for life.

  • HH

    There he is ladies and gentlemen, the “Diversity is our greatest strength*” poster child!!

    *note how in recent years this noxious platitude had “greatest” added to it, as if the sentiment weren’t ludicrous and mendacious enough!!

  • sbuffalonative

    The family certainly had issues and the article makes the case for nurture over nature.

    While I don’t want the US overrun by Hispanics, I do have an Achilles Heel for young children who are victims of their families. The fact that he took out his rage on his younger brother just goes to show the line of abuse from older to younger and more vulnerable. He attacked someone who was more helpless than he was.

    Had he done this despite an ideal, happy childhood, it would be a different story but this kid is a victim, not of ‘society’ but his own family.

    Does he need to be locked up for life? Considering the damage done to him by his family, maybe he does. Does anyone believe therapy would help?

  • Anonymous

    Well, we allow these 3rd world peoples to keep reproducing and then we wonder why they are the way they are. Sounds like they are a great family, doesn’t it? Anyway that is what Bush and the rest try to tell us about “hispanic family values”…

    “The 12-year-old has been examined by two forensic psychologists who found him to be emotionally underdeveloped but essentially reformable despite a tough life.”

    Isn’t this always the case? Sure, the kid is “emotionally underdeveloped” so are the adults in their community. He is “reformable” they say. Want to make a bet? He will only get worse the older he gets.

  • Anonymous

    Is this an American-born family? If not, where are they from and are they legal? How have they been supporting themselves, welfare, SSI…? I guess at some point they were living in a welfare motel. White tax dollars at work.

  • Anonymous

    >>

    Assistant Public Defender Rob Mason, one of two attorneys assigned to defend Fernandez, said: ‘The whole system has failed him. This child clearly is a victim. We think he can be rehabilitated and, as his lawyers, we will fight for that.’

    >>

    I agree actually. Twelve is a little young as a ‘for the convenience of the State’ decision.

    But.

    I believe that if he is to be rehabilitated in a home environment (juvie hall will only render him more of a sociopath than those eyes already suggest), it has to be with CONSTANT adult supervision and absolutely no break in the boy’s mentoring.

    If he needs drugs, he gets them. If he needs counseling twice a week, he gets it. He is home schooled until at least two child psychologists can agree he’s safe around other kids and even at that time, he is never to be without an adult within 20ft of him who is willing to be responsible for his every action.

    Now.

    Mr. Mason, since you seem to believe in this young man, I ask you: are you willing to stand up for him, with your wallet, -after- the trial?

    Because that’s where the rubber meets the road on this and if nobody will take care of him, the right way, it’s time to save the rest of us, preemptively.

    The SOLE reason I am willing to cut this kid some slack is because of these sentences-

    >>

    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.

    >>

    If the boy lost it, once, and backed off, that’s a punch without understanding that children’s skulls are not fully sutured up.

    If the child had never made it to the hospital because skull fragments were driven into the dura, that’s a psychotic rampage.

    And the evidence isn’t clear enough, in the report, to be determinative.

  • Tim in Indiana

    11 — Anonymous wrote at 9:36 PM on June 6:

    I agree actually. Twelve is a little young as a ‘for the convenience of the State’ decision.

    If the boy lost it, once, and backed off, that’s a punch without understanding that children’s skulls are not fully sutured up.

    Typical liberal blather. Do you think this young killer is “reformable” enough to stake your own children’s lives on it? Would you allow them anywhere near this killer? That’s the determining factor. If not, then you have no right to impose him on others.

    No one is discussing doing to this juvenile what he did to his own victims, after all, only of locking him up so that he can’t harm anyone else.

    It’s so easy to gamble with other people’s lives. It’s what the libs do best.

  • Un Pedo en el Viento

    Have they done genetic testing on this boy to see if he’s one of those triple-Y chromosome individuals? If he is, and from his actions it looks pretty possible, then he will have to be locked up for the rest of his life, simply to protect society. 3Y’s are dangerous, irreparably violent persons who cannot function in general society.

  • rdc75

    “I believe that if he is to be rehabilitated in a home environment (juvie hall will only render him more of a sociopath than those eyes already suggest), it has to be with CONSTANT adult supervision and absolutely no break in the boy’s mentoring.

    If he needs drugs, he gets them. If he needs counseling twice a week, he gets it. He is home schooled until at least two child psychologists can agree he’s safe around other kids and even at that time, he is never to be without an adult within 20ft of him who is willing to be responsible for his every action.”

    Dear anonymous, have you even the slightest idea how much such “CONSTANT adult supervision” will cost?

    You sound like the typical do-gooder who is very generous with OTHER PEOPLE’s money.

    I don’t think that white society should pay for this person – he has not even killed one of us, why should he be our responsibility to “reform” or even jail him? Just repatriate him to wherever he came from – problem solved.

  • Anonymous

    To….12 — Anonymous wrote at 9:36 PM on June 6:

    But.

    I believe that if he is to be rehabilitated in a home environment (juvie hall will only render him more of a sociopath than those eyes already suggest), it has to be with CONSTANT adult supervision and absolutely no break in the boy’s mentoring.

    If he needs drugs, he gets them. If he needs counseling twice a week, he gets it. He is home schooled until at least two child psychologists can agree he’s safe around other kids and even at that time, he is never to be without an adult within 20ft of him who is willing to be responsible for his every action.

    ——————————————-

    Your whole post is nonsense. YOU pay for what you think this killer kid needs, and YOU be that adult to give him 24 hr. supervision, okay? The solution is to keep kids like this from ever being born and to keep “his people” out of our country. They reproduce without a thought because WE pay for it, all the while they create even more of these monsters.

  • Shawn (the female)

    Though tragic in its creation, sometimes so much severe damage is done to a person’s psyche that makes them impossible to deal with, let alone treat. This story should have been interrupted so many times during so many years and wasn’t, resulting in generation afer generation of twisted, demented souls with no heart, no feeling and no desire (or need) to change.

    This ‘child’ is not redeemable. I wish he (and scores of others) would attempt escape and be shot by cops and just solve the whole problem of their upkeep and imagined rehabilitation. Common sense and logic (which explains the entire problem) would dictate that all welfare recepients be (at least temporarily) sterilized. NO ONE that cannot support themself should be allowed to reproduce on the government dime. This country is, as a legendary country song says, “rolling downhill like a snowball headed for Hell”, and it’s picking up steam. FAST.

  • Michael C. Scott

    I agree with locking him up for life, but that only means that the next person he kills – in about ten years – will be a middle-aged man who’s doing a short sentence for hunting rabbits out of season.

  • Anonymous

    “Assistant Public Defender Rob Mason, one of two attorneys assigned to defend Fernandez, said: ‘The whole system has failed him. This child clearly is a victim. We think he can be rehabilitated and, as his lawyers, we will fight for that.’”

    – Why doesn’t Rob Mason do his liberal duty and ADOPT that boy and bring him into his home with his lovely young children?

    Sadly folks, there are so many black and latino ‘youffs’ out there like this that it would boggle your mind if you truly understood the numbers I’m talking about.

    How do I know? I worked in urban ‘edu-cashun’ for almost ten years now. I have seen so many cold-blooded killers in my classroom – ‘kids’ who torch cats for fun, steal anything when you turn your head, who openly brag about their fights and drug sales, and who have the parole officers and files to back it up. (They come to scoo’ for the girls and to sell drugs.)

    Last year, a 20 year old ‘student’ in my tenth grade class casually slammed the window shut loudly, then raised and shut it again loudly several times more. Then he exclaimed to the class that he wished there was a little kid with his head in the window that he could smash until it broke. I was sickened, but where I am at, you hear stuff like that all the time.

    When social order breaks down and there are no more policemen to protect you, armies of these ‘youffs’ will descend upon your streets and make Mad Max look like a picnic.

  • xxxDDD

    I am actually surprised he’s going to be a “lifer”. What about his human rights? I bet there’s going to be an appeal…

    Besides if he stays in prison, he will not be able to murder and terrorize white people. I don’t think the ruling elite is going to waste such an asset, as he might be really productive for them, I bet he would be able to kill a couple of hundreds of whiteys!

  • Doug

    At least America locks up people like this seriously. In Britain, two young psychopaths murdered an unrelated infant in cold blood and a few years later they’re back on the street with new identities.

  • Peejay in Frisco

    A 14 year old hispanic punk killed another hispanic gang banger a few years ago in San Mateo County, CA. He escaped with the help of some other juvie nile delinquents.He was recaptured a few years later in Texas.He was sentenced to 43 years in prision.The prospect of a long prision sentsnce apparently was not as bad as living in Me-hico,where he came from

  • Anonymous

    Why does he have a different last name from his brother?

  • diversity = adversity

    I would like to see him and his dad in “rehabilitation”. Beef Supreme may come out of retirement for it! (Idiocracy). Send them to honduras or send them on their way to where they will eventually end up (hell).

  • patthemick

    Call me a bleeding heart but to sentence 12 year olds to life is barbarism. I think the kid needs strict counseling and a real effort to rehabilitate him. To do anything else is to return to the dark ages.

  • ATBOTL

    “The family certainly had issues and the article makes the case for nurture over nature.”

    Parents who give their children such a bad home life have certain psychological traits(low IQ, present time orientation etc.). We know for sure that these psychological traits are passed on to the children. So the article does NOT make the case for nurture over nature. That would only be true if the child was adopted and his biological parents were model citizens.

  • Anonymous

    Is it me or has anyone else noticed that mother and son appear to have some african ancestry?