Derek Rosa, 13, has pleaded not guilty to first-degree murder in the stabbing death of his mother, Irina Garcia. He is being tried as an adult, prosecutors said.
A 13-year-old Florida boy must remain in adult jail, a judge ruled Thursday. Derek Rosa, described as an outstanding student and a peaceful child, is charged with first-degree murder in the stabbing death of his mother.
Rosa's attorney had filed a motion to have the boy transferred to juvenile custody, saying he would be safer around detainees closer to his age and would have access to social services.
But Miami-Dade County Judge Richard Hersch said Thursday that transferring Rosa from Metro West Detention Center would be illegal. Rosa will be tried as an adult, following a grand jury indictment for first-degree murder for an act prosecutors called "evil" and "premeditated."
Rosa was transferred from juvenile hall to the adult jail two weeks ago. He is being held without bail.
Defense lawyer Kristen Reynoso told WTVJ-TV Thursday that Rosa's family and friends have submitted 20 letters of support to the court, saying the boy is an exceptional student with no history of violence.
His stepfather, a long-haul trucker who was on the road when Rosa allegedly killed his wife, also wrote a statement for the judge, saying, “I had him as if he were my son. We get along very well."
Rosa called 911 late on Oct. 12, saying his mother was dead and that he had killed her, according to authorities.
Chilling audio of the call was released by police. On it, the child is heard saying there is "blood all over" the family's Hialeah apartment floor.
"I need to know if your mom is breathing," the dispatcher says.
"She's dead, Miss," Rosa replies.
The boy also is heard saying he took photos of his mother's body and sent them to a friend. "Was that bad?" he asks the emergency operator.
Authorities have not released a motive in the killing.
Defense attorney Reynoso said her client deserves to be protected while he is in custody, and should not be held at an adult jail.
“He’s a middle-schooler. He still plays with Legos. He’s a child,” she said.
