Cristian Fernandez
On March 14, 2011, while most of us were discussing pre-trial motions in the murder trial of Caylee Marie Anthony, a 2 ½ year old child David died a violent death by the hands of his 12 year old halfbrother.
His name is Cristian Fernandez, and he is the youngest person to be charged with murder as an adult in Jacksonville’s history.
The medical examiner ruled 2 ½ year old David’s death a homicide, caused by blunt-force trauma. The boy’s mother Biannela Susana was not at home at the time of the incident. Police said while David was laying on his bed unconscious, his brother Cristian called his mother, who then came home.
Susana, 25, is charged with aggravated manslaughter of a child and felony child abuse.
She’s being held in jail on a $1 million dollar bond and faces up to 30 years if convicted.
This case has sparked international outrage. More than 170,000 people have signed an online petition urging the prosecutor to try the boy as a juvenile yet prosecutor Angela Corey disagrees, claiming she has compassion for Cristian yet she has to follow Florida law.
According to the 2009 Bureau of Justice Statistics, the home state of “DisneyLand” has sent more juveniles into the adult prison population than any other state. Better think twice before bringing the kiddies to Florida this summer for vacation.
For the record, the state of Florida has sent 393 juveniles into adult population. Following are the state of Connecticut with 332, North Carolina with 213, New York with 157 and Texas with 156. If I do the math, this means that Florida sends more than twice as many kids into our adult prison system than the other states of the nation. That’s impressive in a negative sort of way.
Cristian Fernandez has lived the most heart wrenching life imaginable.
Cristian, born to a 12 year old mother, grandson to a full fledged drug addicted grandmother, endured the wrath on an abusive step-father who during the investigation and his upcoming arrest for abusing his stepson Cristian, put a gun to his head and pulled the trigger in front of his children. Cristian the oldest of his mother’s 3 children, had sadly witnessed the entire ordeal.
Psychological reports say Cristian has shown violent behavior dating back from the age of 3, including killing a kitten for scratching him on the face. The report noted details of public indecency, an incident in which he simulated a sex act on a male twice his age and the sexual assault of his surviving half brother.
Prosecutors contend that Fernandez repeatedly slammed 2 year old David Galarraga’s head on a book shelf to kill him.
The psychological report shows Fernandez’s perception of the death from Dr. Meadow’s interview.
“He said that he picked up his younger brother and pushed him into the bookcase. He said that his brother was bleeding and unresponsive so he carried him to the bed and called his mother.
“Cristian denied any plans or intent to kill his brother. He seemed rather defensive about discussing what triggered his anger. He talked about having a flashback of the abuse by his stepfather as the motive for this offense.”
The stepfather he is referring to is Luis Galarraga who shot himself to death in front of Fernandez’s younger sibling in October of 2010, as the Hialeah police were coming to arrest him for abusing Cristian.
Five months after the suicide, the family moved to Jacksonville. Court papers say Cristian had enrolled at Kernan Middle School. He was a straight-A sixth-grade student at the time of his arrest.
State Attorney Angela Corey and Assistant State Attorney Mark Caliel filed the papers to combat a written request Public Defender Matt Shirk had made to asking to allow Fernandez to await trial at a juvenile facility. Cristian had spent three weeks, 23 hours a day in isolation at the Duval County jail. Due to the psychological report, he was allowed to wait at the juvenile facility.
In writing his report, Dr. William Meadows, forensic psychologist also took into account past abuse where Fernandez had been a victim. In a standardized test it labeled him a high risk for future violence.
It’s what happened after Cristian called his mother is where this case becomes questionable. Who’s really to blame for David’s death?
Biannela Susana
A doctor at St. Luke’s told a police officer that had the toddler been treated sooner, he may have survived.
When Biannela Susana arrived home and saw her 2 year old unconscious on the bed, instead of calling for help or bring the child directly to the hospital, she decided to check the internet. Her laptop commuter shows she searched “when some (sic) gets knocked out” at 10:54am. At 2:15pm, “when your unconscious for hours”. At 2:38 pm, “concussions on chldren.” She also checked her Wachovia bank account before getting help for the 2 ½ year old toddler David.
Cristian Fernandez’s public defenders argue all of the blame belongs to Cristian’s mother not her 12 year old son. It was also reported that David sustained a broken leg months earlier while under the care of Cristian which should have been a warning to his mother that Cristian was not capable of babysitting.
While I see the indications that Cristian may be on the road to serial killing, I also believe he is a perfect candidate for psychiatric treatment instead of spending the rest of his life in prison. In a secure psychiatric facility, under daily treatment and guidance of trained professional psychologists for 10 or so years, he could possibly become the young man God intended him to be.
Another benefit for mental help as opposed to prison is if society commits Cristian to a mental hospital, it’s a fact that in a mental insanity commitment, there is no day of release. He can only be released when he is cured and fit to be a member of society.
As an example, John Hinckley Jr. who was found mentally insane for his assassination attempt on President Ronald Reagan. As of 2010, John Hinckley had spent 28 years incarcerated; he’s now 54 years old. Hinckley was finally being prepared to leave St. Elizabeth’s Psychiatric Hospital, by allowing him 12 weeks a year of unsupervised visitation with his mother at her home in Virginia.
Considering the crime itself, arbitrarily he could never be deemed fit for release except for the fact that he comes from a very wealthy family. Society could be very harsh.
The same could be for Cristian Fernandez. What better specimen could the mental professionals ask for than a child turned murderer, who was severely abused, physically, sexually and emotionally, acted out his hatred on his younger 2 year old brother?
Cristian Fernandez is a treasure trove of mental information. The amount of knowledge to be garnered from young Cristian is priceless. What could be learned from young Cristian, in a way would make David’s death not in vain and at the same time to help society.
How will we ever know if mental help works if we never use it?
~~~
TheJBMission~
Sources:
Save Cristian Read Story here:
http://savecristian.tumblr.com/about
http://www.foxnews.com/us/2011/10/19/boy-12-charged-with-murder-as-adult-in-florida/
http://en.wikipedia.org/wiki/Reagan_assassination_attempt
Search News Reports here:
http://jacksonville.com/news/crime/cristian-fernandez
Sign Petition
http://www.change.org/petitions/reverse-decision-to-try-12-yo-cristian-fernandez-as-an-adult
Open for comments regarding Cristian Fernandez
JB
Where was the State when this poor kid was being sexually abused and beaten down?????
Now this child is continuing to be beaten down by the same system that did not protect him?????
I’m sick . The mother needs to rot in hell and Christian needs help……IMOO….
Oh my Lord!! GCG, you are so right!! Where was the state??? This case is just sad all the way around.
Hello….this child whatched his father blow his own brains out. This child endured abuse of the worst kind. What on earth was everyone thinking??? HELLO????? He should have been getting help instead of babysitting!! State of Florida…..you FAIL….you fail miserably and in more ways than one!!
OMG. I’m so sad and sick. What a tragedy.
GasCan & Omar,
I just knew yall would see the light!! I’m heart sick about this kid. And you’re right about child services.. I think I read the mother at some point was seeking help for her children. It may have been mandated after little David’s broken leg event. This family was in definite trouble. I believe I read that Biannela was using drugs too like her mother. There’s a whole lot out there about this case on the net. I’m glad so many have joined forces to help this child Cristian. I’m outraged just like you guys!! Thanks for commenting.
JB
This may sound ‘a little cold’ but this young mans’ mother was also 12 when she gave birth to him. The age of learning ‘right from wrong’ is at 7 years of age. The impression I get is that the mother was out of the home working. That the family moved up to Jacksonville from South Florida 5-6 months prior to him killing his 2 1/2 year old step-brother- I guess the smaller child was the son of the dead stepfather. Number 1, this young man is very intelligent- he was reported to have made all A’s in school; number 2, he was resentful when asked about why he beat his little brother to death, number 3, instead of calling 911 he called his mother to ‘bail him out of trouble’. Personnally, I do not see a small defenseless child, I see an intelligent, calculating killing machine. Locking him away in a mental institution for 6 years and releasing him as an adult back into the community versus to prison for x amount of years I would probably lean toward prison. Of course if there is anyone out there who would take him in and ‘try’ to cure him go ahead; but I can make a 99.9% prediction that there is no curing for something that broken.This family had access to a phone, a computer, a bank account – they were not living on the street. I do not understand why the mother is being judged more harshly than the 12 year old son [he beat his baby brother to death!] the mother used poor judgement she went on the computer looking for what to look for in head injuries and to see how much money was in her checking account -taking up to almost 3 hours of trying to ‘fix’ the baby that was literally broken to death by her older ‘baby’. I do not understand why the city of Jacksonville is being blamed. This family did not grow up in Jacksonville – they ‘fled’ away from where they ‘grew up’. This brings up the age old question ‘are we our brothers keeper’ do we try to make something that is evil into something that is ‘as good as we’ and if we are trully good then just how do we do it?
Strikedlightning,
I don’t think you’re cold at all. The polls say that your opinion is the popular one. Many people see this boy as too broken to fix. Here’s a few valid points. The mother was out “working” for money for drugs. She knew Cristian broke the child’s leg 2 or 3 months before yet she left him alone with the little boy again. I think it’s this fact that’s the most crucial.
Not only did she check her bank acct, she visited youtube to watch videos. It took her over 4 hours to bring the child to hosp. If Cristian had intended for his brother to die, he wouldn’t have called for his mother’s help.
I think it would take much more than 6 years of therapy to reprogram this kid. In my article I mentioned the laws when someone is deemed mentally insane, you don’t just walk out of court free. I used Hinkley as an example. For all I know, he could still be in the psychiatric hospital?? Maybe he got pass the press.? But it took at least 28 years.
I don’t for a minute think this boy is innocent of anything. If he were being tried as a juvenile, then we wouldn’t even know his name. I don’t know FL but in LA, when a juvenile is given what is referred to as “juvie life” <- worst possible, they usually get out of prison no later than 28yrs of age.
Also after reading some blogs, it seems some people think that if Cristian goes to prison for 1st degree murder, he'll get out after good behavior…not true in Fl. "life sentence" is a life sentence.
1st degree murder = life without parole.
If he can't get this prosecutor to change her mind, then I hope the jury finds the right sentence for this one. It's a hard decision. I agree.
My daughters live in Jacksonville ans they’ve been following this case and EVERY time I talk to them they talk about this young man. Its a very sad situation. One of my girls just wants to give him a HUG. She says, ” mom, that boy has probably NEVER had a meaningful hug just because & I wanna give him one and tell him
its going to be OK and he WILL get thru this if he puts his faith in God and I CARE”
So so proud of my kids.
Hope everyone is doing great. Yall are ALWAYS in my thoughts & prayers and I may not post much but ima lurking :-p
Hi Addie,
I agree with your daughter. I don’t think this boy has had a meaningful hug either. It’s such a tragedy in all aspects. Nice to see you Addie.
Love you Addie!!
Wow. As I was reading the first thing that came to my mind was the Mother was 12 yrs old when he was born, and the gmother was a full flege drug addict. So much sorrow for all concerned. I agree that this child should not go to an adult prison. He truly needs physiological help, and I am unsure if he would get that in an adult prison. Shows he is very intelligent in school, I wonder how his social skills were there?
I am prob of the minority, but I dont feel that children, and thats what they are at 12 even up to possible 14 or so, can understand that death is final. I agree that punishment is needed, but not as an adult, at least not at the age of 12. I remember when the shootings at an elem school where 2 boys pulled the fire alarms and shoot students and a teacher. HORRIBLE!! They were held in juvi till18 and then to adult prison til 21. Then they were released. One of the boys got into trouble soon after over pot. Sadly I wonder how much they learned in the prison. 11 and 12 yrs old, are kids. so sad all the way around. I truly dont know what the real answer is. We have adults who dont do right and then expect the kids to know how to behave… But I dont feel the child how has done wrong should get off scott free.
JB, you said the age of 7 is when a child should know right from wrong. But what that child has been taught up til that age, right from wrong can be totally diff than what it should be.
Our school district (GRRRR) is on financial distress so a week or 2 ago they sent letters home stating that there will be no more charges. If no money brought, no food! Then on the news this person, spokesperson, said that they had some charges up to $100 and they could no longer do this. There are free and reduced lunches. But not all are approved for free or reduced. Just because you make too much for free or reduced doesnt mean you have $ to pay. This is a very soft spot for me. Been there done that. The kids should not go hungry, PERIOD. Then the teachers are going to be held resp and graded by a childs performance in school. Well you know if they are hungry they arent gonna do their best.
Sad story. Thanks for sharing, JB. I find it contradictory that the powers that be can’t seem to make up their mind when a person is an adult. If it involves birth control or violence they arbitrarily decide to make an exception. In my mind, it is immature to act out anger or frustration through violent acts. A child is immature. If he called his mother after he realized what he’d done, he isn’t guilty of premeditated murder. He called his authority figure and she didn’t act appropriately. I agree that this boy, on the verge of being a young man has done what he has been programmed to do but that doesn’t mean he is a lost cause and not worth the effort. Each individual is different and they can’t know without trying. Even the, it could be the ‘helper’s’ ignorance that is at fault if there is no change. There is no reform within the prison system, for the most part. They have it set up to be a revolving door or a death sentence and society helps that along by refusing them jobs, housing, etc.
I’ve touched on this subject before and would like to elaborate by saying that we are all born with certain inclinations, tendencies and potentials. A cop can easily be proven to have the same energy potential as the criminal that lies and acts violent. The only difference is how they use the energy and potential, sometimes not even that. Sometimes its just a matter of which side of the badge they stand on. Just like we are born with genes that can explain a disease, our genetic code and its anomalies can explain a tendency toward violence. But that doesn’t mean a person is incapable of learning how to direct those impulses into something productive and healthier. We are complicated beings and science is a long ways away from knowing who isn’t capable of change. I don’t think that one his age is beyond hope if he is given the right environment with people that actually care. People that lash out are screaming for honest needs to be met but don’t know how to accomplish that. That’s my 2 sense/cents worth.
Zuben, OT, can you email me on how I can purchase some essential oil from you. We dont have a health food type store anywhere close to me and I was wanting to get some. I was thinking you had told us before you sold them. Thanks
Hi JB et al! After I wrote that yesterday I went reading and found out that the DA has added sexual assault to this boys’ charges. It appears that he was in juvie for a short period of time but he attempted a sexual act while there and then it was confirmed that he had sexually assaulted his 5 year old brother – he is the oldest of 4 he has a little sister. I also read that the mother ‘dragged her feet’ getting the baby to the hospital because she was afraid that DCF would take the 12 year old from her. They cremated the baby and were going to spread his ashes in Potters Field the mother was in jail and was not allowed out to make arrangements for the baby. The mother cleaned the baby up and put an ice pack on his head before taking him to the hospital. The other surviving children were placed in foster care and were going to be put up for adoption because no family members came forward. This boys’ father was an older man who went to prison for raping the mother when she was 12.
Thanks for thinking of me Mimi. You have mail.
Zuben,
Very well stated. Much more than 2 cents too. Thank you.
Arkie,
I think you’re exactly right about what he would know at 7yo wouldn’t be what a normal child would know. In his life, up until the authorities came there to arrest his step father, he learned that it was okay for big people to physically abuse children, it was okay for big people to sexually abuse children. A 7yo child would have learned that if you were bigger, it was acceptable.
BTW, it wasn’t me that said a 7yo should know right from wrong it was StrikeLightening.
From what I read, his own mother was sexually abused at 12yo. The deal his biological father was given by the state of Florida is a huge miscarriage of justice, imo. Instead of being sentenced to prison, the father had to promise to take care of the baby and register as a sex offender. I read the father at first complied but after a couple of years the support stopped. This is probably when Biannella, the mom and Cristian were put in foster care. If this was my 12yo daughter, I’d want this man in prison for no less than 30 years. That was rape. It wasn’t two preteen kids experimenting with sex.
Also PTSD comes to mind. IIRC, that hostage situation when the stepfather shot himself in the head in front of Cristian and the 2 younger brothers happened only 6 months before Cristian assaulted and killed his little brother which was also his 2nd offense. 3 months before, Cristian is said to have somehow broken litlle David’s leg.
I’m surprised that these children, especially the oldest Cristian weren’t put into some kind of therapy. No one knows what the stepfather was doing to the kids when he was swinging the gun around.
IMO, that was a horrific situation for anyone, especially a 12yo boy who witnessed it. It seems the system has failed this family in so many ways.
Bottom line, Cristain didn’t ask to be born. He was born into this dysfunctional family. It’s about time he’s given a fair chance.
Test123
testing again
Lisa,
If you’re reading this, I see your name and avatar, “testing again”.
Please try to post again, while I’m here. lol
I’m sorry you’re having a problem.
Another idea..try updating your browser. That’s the Internet Explorer or Google chrome, or whatever you use to search the internet. See if that helps. But your comments are visible but for some reason, you can’t see them.
If any of you techies out there know what could be Lisa’s problem, please help her.
She’s commenting but she doesn’t see her comment posted.
TIA!
Hi Strikelightening,
I read something different about what happened to his father. He may be in prison now for not complying to the court order that said he had to support his child Cristian.
It’s horrible that Cristian was sexually abusing his younger siblings too but I’m not surprised since his step father, the one who committed suicide in front of the children was in the process of being arrested for sexually abusing Cristian.
This whole case is a tragedy! Every one in this family suffered because of the monster child the step father created. I pray the courts do the right thing. I still feel that a 12yo is too young to be tried as an adult. He’s a victim too. It’s all so sad.
Thanks for the update.
JB you have mail
Okey Dokey Lisa..
Be right there in a sec!
JB you have more mail
JB I think I figured it out. I now have to click on the wordpress icon at the bottom before I sign in & then it remembers me & doesn’t log me out when I leave the page I’m on.
JB. OOPS on the 7 yr old thingy
ZUBEN!!!! I am SOO EXCITED, I WANT 1 of EA, BUT, I cant lol, but I will be placing an order REALLY SOON!!!! THANKS!!!!
I feel so blessed, I havent ever had a problem posting. Hope I dont jinx myself. If I ever couldnt I dont think I have the sense to fix it lol
This is so sad. Very sad.
It is also pathetic that the os would allow hal to tie this story to Casey. Guess he’s real hungry.
If a 12 yr old, ( or any minor under 16,) can’t “legally” be treated as an adult, ( or be emancipated,) for being good, then they should never be treated as an adult for being bad. There is no such thing as “adult crime;” just adults, in all actuality, behaving as juveniles and giving into their selfish impulses and desires.