The Murder Case

The incident occurred in March 2011 when Cristian Fernandez, then age 12, was placed in charge of the car of his brother, David Galarriago that was 2 years old. Cristian shoved his little brother out of anger and David fell into a bookcase resulting in a head injury. Their mother returned home and proceeded to wait for over 6 hours before taking David to the hospital to have his injuries inspected. David died at the hospital as a direct result of the head injury that was inflicted when Cristian shoved him into the bookcase.  

The state attorneys chose not to charge Cristian in the juvenile court, but to go after him in the adult courtroom. This means that Cristian, now 13, could be facing up to life in prison. While to prosecutors claim that they will not be seeking life imprisonment against Cristian, the decision to try such a young boy as an adult has led to a great deal of backlash.

Judge Mallory Cooper chose to suppress certain key interrogatory evidence in regards to the Fernandez case. This includes, but is not limited to the fact that she did not feel that the police offices did not secure a knowing, voluntary and intelligent acceptance of his Miranda rights.

Fernandez's Age is a Major Factor

The judge did not feel, based on expert testimony, that Fernandez could completely comprehend what he was giving up by waving his rights. The judge felt that there were specific signs that were available that proved that the young boy did not understand what was going on around him, and what rights he was actually giving up when he signed the waiver.

The state has quickly tried to appeal this ruling. They need the confession in order to build their case, and the fact that it has been suppressed could mean a completely different outcome. There is also the factor that just recently it was ruled that charging a minor with a crime that would require life imprisonment without parole is considered to be cruel and unusual punishment. The state is charging the boy with murder in the first degree as an adult, and that means he could either get life in prison without parole or the death penalty.

This is a clear cut example for why it is important to have a knowledgeable criminal defense attorney by your side fighting for you whenever you maybe facing criminal charges. It is never too early to talk to someone. A qualified criminal defense attorney can do the talking for you and help you avoid additional costly expenses, and even jail time in some case. The fact that the state is willing to charge a 12-year-old child as an adult I proof enough that on any given day they may choose to literally throw the book at you.