A Hialeah teen accused of brutally stabbing his sleeping mother to death last month will remain at an adult jail after a judge did not come to a decision about where to move him.
Thursday marked two weeks since Derek Rosa, who confessed to fatally stabbing his mom Irina Garcia, was transferred out of the Juvenile Detention Center to the Metro West Detention Center.
The transfer was ordered once Rosa was indicted by a grand jury on a first-degree murder charge for his "evil" and "premeditated" actions, according to arrest records. Rosa has pleaded not guilty.
An attorney for the teen recently spoke out about her concerns for the 13-year-old's wellbeing in adult jail as family members wrote 20 letters to the court supporting him and urging Judge Richard Hersch to move him back to juvenile detention.
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Rosa's attorney argued on Thursday morning that a juvenile facility will be safer for his mental health - saying he is currently alone in a cell for 23 hours each day.
“This isn’t your typical run-of-the-mill case and we have a juvenile court system for a reason and the system is set up for specific reasons, we just have to make sure that this individual case is handled in its proper format," said attorney Jose Baez.
The main argument being considered is if the teen's Constitutional rights are being protected. Specifically the 8th and 14th amendments which deal with harsh or unusual punishments before a conviction and ensuring citizens get equal protection under the law.
The judge said Thursday that he was concerned about the adult jail potentially violating the teen's constitutional rights and that he needed more time to consider the motion.
Rosa will now remain at the Metro West Detention Center until a decision is made. The judge set a new hearing in a few weeks.
Because the teen was denied bond and is considered an adult, he had been living with a small group of minors waiting for trial as adults at Metro West. However, Kristen Reynoso, Rosa’s attorney, told NBC6 in an exclusive interview that most of the minors he’s with are closer to 17.
“He’s a middle schooler. He still plays with Legos. He’s a child,” Reynoso said.
Reynosa filed a motion to try and convince Hersch to let Rosa return to the juvenile center where he previously lived, pending his adult case. The children living there are not facing as serious charges as Rosa.
“My goal is to get him back to a safe place, where he had established loving and respectful bonds, where he was doing very well and had a lot of services at his disposal," Reynoso said.
Experts say adult jail is known as a place for punishment, while the juvenile system prioritizes rehabilitation. County records show there are currently 2,502 inmates at Metro West. County-wide, only 32 inmates are 17 and under.
“My concern, of course, is bullying. Both emotional and physical and harassment," Reynoso said. "My concern is also supposed to be separation, there are times as much as correction officers try, there are situations children do mix with adults."
“I had him as if he were my son. We get along very well, said Rosa’s stepfather, who lost his wife and the mother of his newborn baby.
A school bus driver also wrote to the court and described the middle schooler as having "impeccable conduct" and the best grades.
Rosa’s aunt wrote a detailed letter asking for her nephew to receive "psychological help" and said she loved him. The aunt later asked for “mercy” and “despite the loss of his mother, she’d want him to have a life of purpose.”
Criminal defense attorney Erick Cruz, who is not affiliated with this case, said prosecutors in Florida have all the power. Family support could help Rosa get a plea deal or a lesser charge.
“Florida is probably one of the leading states in our country at directly filing juveniles as an adult," the former prosecutor added. "The reason is all the discretion lies with the prosecutors.”
The fatal stabbing happened back on Oct. 12 at an apartment at 211 West 79th Place. Hialeah Police said the teen stabbed his 39-year-old mother to death in her bedroom next to a crib where the woman's newborn baby was sleeping.
The teen later told detectives he stabbed his mother while she slept, according to an arrest report. The 911 call obtained by NBC6 also revealed Rosa took photos of his mother's body and sent them to a friend online.
Police said the baby is the teen's half-sister and that the mother's husband, the teen's stepfather, is a truck driver who was out of the state when the killing happened but was on his way back home.
Neighbors identified the woman as Irina Garcia and that she had just given birth to the baby a few days prior.
Records show Rosa attended iMater Middle School in Hialeah.
