But Angela Corey says the 12-year-old murder defendant must be held accountable
Someday, Cristian Fernandez could go free.
State Attorney Angela Corey said Thursday that while she charged the 12-year-old murder defendant as an adult, she never wanted to put him in prison for life.
With a plea deal close to happening, Corey gave some insight into her decision-making process. Neither the state nor the defense expects the case to go to trial.
In part, the prosecutor said she is striving to strike a balance between the outcomes of two cases from Jacksonville's past. In one, a 14-year-old who murdered his 8-year-old neighbor went to prison for life.
"I'm not sure that was the proper sentence in that case," Corey said of the 1998 slaying.
In another case, Corey said a teen served his murder sentence in juvenile detention. After his release, he shot at police and went to prison.
Cristian is the youngest person in Jacksonville's history to face a first-degree murder charge. As a mitigator in his favor, the prosecution said Thursday there is a question about if his 2-year-old half brother would have died if not also for the actions of the boys' mother, Biannela Susana.
The defense team also has spoken repeatedly about Cristian as a long-suffering victim of abuse.
Authorities say he inflicted fatal injuries by slamming toddler David Galarraga against a bookshelf in March while Susana was out. She faces an aggravated manslaughter charge. Her arrest report shows she told police she surfed the Internet and waited about two hours before getting help for David.
Read Susana's arrest report
"But," Corey said Thursday, "Cristian must still be held accountable."
It's also still a possibility the state could compel Cristian to testify against his mother as part of a plea deal, Corey and Assistant State Attorney Mark Caliel said Thursday.
The state attorney said she spoke out in part to address criticism she's heard mainly from outside Florida, including from people as far away as Australia and Europe. Some protesters signed a petition at www.change.org that asks Corey to send the case back to juvenile court.
The state attorney plans to post a video of her statement on her office's web page at www.sao4th.com as a way to clear up misinformation she said is rampant.
Corey said she won't send the case back to juvenile court, adding, "I don't prosecute by petition." But the lawyer said she would consider a deal whereby Cristian, even with an adult conviction, would serve time at a juvenile facility. Public Defender Matt Shirk said Wednesday that would be rare and would need approval from two top state officials.
If Cristian did go to a prison for adults, officers would keep him away from other inmates.
Wherever he ends up, Corey said she told him Wednesday that he must do the best he can with his schooling and counseling to get ready for the future.
"One day," she said she told him, "you're going to get out."
bridget.murphy@jacksonville.com, (904) 359-4161
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