HIALEAH, Fla. – A 13-year-old boy who is accused of stabbing his mother to death will remain at the Metro West Detention Center for now despite efforts from his attorney to have him placed back in juvenile detention.
Miami-Dade County Judge Richard Hersch said housing Derek Rosa anywhere other than an adult jail would not be in accordance with the law. But Hersch expressed openness to seeing some more constitutional law on the matter, and he is expected to make an official decision on Nov. 17.
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The Hialeah teenager is accused of fatally stabbing his mother, Irina Garcia, as she slept next to his 14-day-old half-sister on Oct. 12.
He has pleaded not guilty after a grand jury indicted the honor roll student on a first-degree murder charge.
Police said Rosa called 911 just after 11:30 p.m. on the night of the killing to report that he had just murdered his mother at their apartment at 211 W. 79th Place. An arrest report states that officers found Garcia, 39, lying on the ground with multiple stab wounds to her neck.
He told a 911 dispatcher that he sent photos of the crime scene to an online friend and told him “goodbye.” Police haven’t yet publicly identified a motive for the killing.
After a court hearing last month, relatives told reporters they disagreed with Rosa being charged as an adult, saying he was a child and a “good boy.”
“Derek is a good boy. Affectionate, loving,” one relative said. “This is not like Derek. No one knows Derek like we know him. And this is not Derek, so you know.”
Prior to the start of Thursday’s hearing, one relative was seen praying silently in the courtroom while sitting next to Rosa’s father.
Rosa’s murder trial is tentatively scheduled to begin in February; he could face life in prison.
A status hearing has been scheduled for Nov. 28. Rosa is being represented by famed attorney Jose Baez, who previously defended Casey Anthony, Aaron Hernandez and Harvey Weinstein.