12-year-old Cristian Fernandez charged as adult in 2-year-old brother's murder

By: Camille Mann
Topics: Daily Blotter

Cristian Fernandez

/ WTEV

(CBS/WTEV) JACKSONVILLE, Fla. - The Florida State Attorney's Office is charging 12-year-old Cristian Fernandez as an adult with first-degree murder in the death of his 2-year-old brother David Galarrigo.

"The brutal beating death of a 2-year-old is one of the factors that we must consider," said Assistant State Attorney Mark Caliel, about the decision to charge Fernandez as an adult, reports CBS affiliate WTEV.

Prosecutors say Fernandez acted with premeditation when he beat the toddler inside the family home on March 14.

Galarriago died from his injuries two days after the beating. He suffered from a fractured skull, a bleeding brain and bruising to his left eye, reports The Florida Times-Union.

Quin Jones, the family's neighbor remembers when police swarmed the apartment unit where the family lived in March.

"Pictures in the house were knocked down and furniture was moved," says Jones, who says he was able to see inside the unit when police arrived, reports the station.

Fernandez's mother Biannela Susana has been charged with aggravated manslaughter by culpable negligence and is scheduled to go to trial in September. Police say she initially told investigators that Galarriago was hurt in a fall at the family's Southside apartment, reports The Florida Times-Union.

If Fernadez is convicted of first-degree murder, he could be sentenced to life without parole.

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by clp72 January 17, 2013 7:34 PM EST: CODY POSEY>>>>>>EVERY CHILD DESERVES A CHANCE; Reply to this comment


by Barry-B April 19, 2012 10:53 PM EDT: Anyway you look at this it is just a sad story. However, I do not agree that this child should be tried as an adult. It must be a political game, no jury would send this child to jail for life. For those people that think he should be charged as an adult, my question to you would be; would you like this 12 year old to defend himself and waive his right to legal? Let's be honest, this is a child and he can not defend himself and the court would not allow it so there is something that we are missing political or not. Maybe the prosecution knows that he would walk as an adult so they want him tried as one to give him a new chance. The story is very odd all around, politcal or not this one will have a strange twist.; Reply to this comment


by bccrn February 9, 2012 6:39 AM EST: These kinds of stories are becoming more the norm rather than the exception. We, as a nation, need to take a serious look at why more and more of our children are entering our legal system due to committing these heinous crimes. Children are not born evil. We make them that way. We are a nation of hypocrites. We teach kids not be be violent. But we sell video games and make violent mavies that leave nothing to the imagination, all to make a profit. We're out working our butts off so that we can drive that brand new Cadillac SUV, while our children are fending for themselves. The example we are setting for them is: GET WHAT YOU CAN! SCREW EVERYBODY ELSE! Most of the children I encounter these days have no respect for anyone or anything. It's all about them. They will do whatever they can to get whatever they want. But they weren't born that way. So how do you think they got that way? I live in Florida. Does anyone remember the incident a couple of years back where 5 teenagers in Orlando murdered another teenager over a VIDEO GAME? Incidents like this should make us take pause. While in the military, I spent several years in Germany. When talking to many Germans about the differences in our cultures, one thing I heard from many of them was that they disliked the violence in American movies. And it was interesting to note that while stationed there, I never saw much in the way of violent crime....by anyone, much less children. We have to wipe the "dollar signs" out of our eyes, take a good look at ourselves, and rearrange our priorities. If we don't we will continue to see more and more violent crimes committed by younger and younger people.; Reply to this comment


by jbcturley3 October 23, 2011 10:36 AM EDT: I'm having a real problem with this story. Yes, this boy is only 12 and has had a terrible life. Point taken. However, thousands of 12 year old boys have had terrible lives -- many even more terrible than his and they managed to not kill anyone. Further, what does his "terrible life" have to do with anything. I can remember a story of an 11 and 12 year old boys in Jonesboro Arkansas - on living a pretty normal life and the other living a life closer to well-to-do. They weren't abused, etc. Yet, these two shot and killed 5 people at their school. They were let out when they both turned 21. One of them is in jail again for drugs and illegal possession of weapons. The other was just arrested for attempting to get a concealed weapons permit.

My question is, when do the excuses of abuse, poverty, etc. stop? I've got a child that I love more than life. If some 12 year old took my son's life, rest assured I may be able to forgive someday, but I wouldn't want the killer to be free to kill again. Some people are wired wrong. Period. However, this is just my opinion as a person and as a parent. I am sure many will disagree and we are all entitled to our opinions. My opinion is that while this boy's upbringing was sad, he needs to be punished according to the law.; Reply to this comment


by carol6018 July 24, 2011 3:16 PM EDT: Support Cristian Fernandez
A CHILD, that for all of his 12 short years has been abused, physically, emotionally, mentally and SEXUALLY ABUSED.....he need NOT be tried as an adult but as a juvenile, treated and LOVED, CARED FOR and given a chance. SHAME ON YOU ANGELA COREY!!! From ...News4jax.com: A 12-year-old boy was indicted Thursday on first-degree murder charges in the beating death of his 2-year-old brother. Cristian Fernandez beat David Galarriago on March 14 at the Carrington Place Apartments in the 11800 block of Alden Road, according to the state attorney's office. The toddler died at Shands Jacksonville Medical Center two days later from blunt force trauma to the head, prosecutors said. Fernandez is the youngest person ever indicted on murder charges in Duval County. "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," State Attorney Angela Corey said. Details of the killing have not yet been released. Bianella Susana, Fernandez's mother, was home at the time of the beating, along with the 12-year-old's two other half-siblings, Corey said. Susana has been charged with negligent manslaughter. No one was at the family's home Thursday to comment on the indictment. Corey said the family moved to Jacksonville to Miami less than a year ago. "In a case of this magnitude where the facts are absolutely provable as first-degree murder, then the only way that we can trust that we can fashion any kind of a sentence that both protects the public and at some point tries to help someone who is 12 years old and commits a first-degree murder is to put it in the adult system and work from there," Corey said. Fernandez was being housed with other juveniles at the Duval County Jail. He was given access to a counselor. Before Thursday's indictment, the youngest person to be indicted in Duval County was a 13-year-old who killed a correctional officer decades ago.See More
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by carol6018 July 24, 2011 3:15 PM EDT: Support Cristian Fernandez
A CHILD, that for all of his 12 short years has been abused, physically, emotionally, mentally and SEXUALLY ABUSED.....he need NOT be tried as an adult but as a juvenile, treated and LOVED, CARED FOR and given a chance. SHAME ON YOU ANGELA COREY!!! From ...; Reply to this comment


by carol6018 July 24, 2011 3:14 PM EDT: This is what the state attorney is saying. This kid is not what she is saying read his story on facebook at support cristian fernandez. They are using this kid for political gain. Theres only one side of the story here. This kid went to school with my grandson and was never violent, he was shy and an ab honer roll student. he was left with adult responsibilities in addition to being molested and beaten by his step father.Theres a whole lot more to this story.; Reply to this comment


by dcattell June 16, 2011 1:10 PM EDT: Clean the gene pool, give this little psycho the death penalty. He is Evil. I am sick of the abuse defense, we all have a sense of right and wrong.; Reply to this comment


by gabby_mattern June 6, 2011 4:03 PM EDT: This boy went to Kernan Middle with me and it was so shocking to come home turn on the news and here about how the boy that seemed so normal, so friendly, the boy i helped, talked to, and hung out with could do something like this! and the more i hear about this i wounder about the family his mom anyone close him..how do they feel i mean his mother not only lost a child she lost two! i can't amagine the pain the shes going threw i can't amagine the thoughts that are going threw her head...i mean why and how could he do this to his brother how can anyone do this to an inosent child im only 12 myself so i can't amagine whats going threw his head because he can't take it back he can't hop in a time mashine and say take me back to march 14! so this crazy completly and uderly CRAZY!; Reply to this comment

by pak31 June 6, 2011 12:51 PM EDT

Sadly on another site it says his mom had him when she was 12. By 14 she was in foster care with her 2 year old because of neglect and his 34 year old grandma was doing drugs. Then he was subjected to regular periods of abuse and his stepdad committed suicide in front of the family so that he wouldn't have to go to prison for child abuse. He was also deemed emotionally underdevolped by an expert but at the same time not as bad as you would think for a kid who has lived thru what he has. So this kid, yes what he did was horrible, has been raised like an animal, abused and neglected. Think about it, a child is the most vulnerable thing, everthing they learn morally, emotionally etc. is shaped in those years. If you don't have that you ARE going to be like an animal. I just feel that it's not his fault yet this is what he gets because his family was/is a bunch of losers. Then again could he be changed around? Who knows.

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by carpe_omnia June 7, 2011 4:33 PM EDT: The "raised like an animal" analogy is so overrated and lacks truth. Animals kill due to instinct. Animals kill because they get hungry. When humans -- especially a twelve year old child kills -- comparing it to animals is stupid and lazy. It negates all of the reasons that you pointed out. For example, animals like swans and lions take care of their young! This child wasn't raised like an animal he was treated like trash and not a precious member of his family or society. So please, don't use the "raised like an animal" line. It's a pathetic cliché that offends the animal kingdom and does little to answer this human tragedy.


by Gimmeafb June 9, 2011 9:19 AM EDT: Mommy had him when she was 12? Grandma is 34? Looks like she started pushin 'em out when she was about 12, too. It seems to run in the family.

That whole "clan" (male and female) should be sterilized before they can spew out any more sick animals. What are the odds that we're paying for these with out tax dollars?


by dcattell June 16, 2011 1:05 PM EDT: I am really sick of the abuse / neglect defense. We are all born with a sense of right and wrong.This child is mentally ill. I can see in his eyes that this child is nothing but hate. we should purge the gene pool and give him the death penalaty. the human race is mutated.