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Latino Daily News

Tuesday December 6, 2011

No Plea Deal for 12-Year-Old Murder Suspect Being Tried as Adult, Trial Set for Feb. 2012

No Plea Deal for 12-Year-Old Murder Suspect Being Tried as Adult, Trial Set for Feb. 2012

Photo: No Plea Deal for 12-Year-Old Murder Suspect Being Tried as Adult, Trial Set for Feb. 2012

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A Jacksonville, Florida judge has set the trial date for Cristian Fernandez, 12, for February 27, 2012. The pre-teen was charged with first-degree murder after he allegedly caused the death of his 2-year-old brother when he shoved him violently into a bookcase. It now appears there will be no plea deal made.

When he was charged, Fernandez became the youngest person ever charged as an adult for murder, and several weeks ago, he was offered a plea, but it was not accepted. That plea stated that he would have to admit to the murder and remain in jail until he turned 21, at which point he would be set free.

Fernandez’s lawyers saw two issues with the plea. They found it unacceptable that he would have to admit to murder, and it was possible that once he turned 18, he would spend the rest of his jail time in an adult prison.

The 12-year-old’s mother, Biannela Susana, is also in prison after being charged with aggravated manslaughter of a child and culpable negligence, as she failed to take her younger son to the hospital immediately, and because it was found that she was aware of what had happened. A review of her laptop’s internet browser history found that she Google-searched “when [someone] gets knocked out” and then “concussions on children.”

Then before she finally took him to the hospital, she checked her bank account, downloaded music and around 3 p.m. she searched for the location of the St. Luke’s Hospital in Jacksonville, Florida.

The “knocked out” search was done just before 11 a.m. earlier that day. Upon examining 2-year-old David’s body, doctors said his death could have been prevented if he had been taken to the hospital sooner. Instead, David was knocked unconscious and never woke up.

Both Cristian and his mother, who had him when she was only 12 years old herself, are being held without bond, and the young boy faces a sentence of life imprisonment.