Jail conditions, education issues discussed in court for Hialeah teen accused of fatally stabbing mother

MIAMI-DADE COUNTY, Fla.Derek Rosa, the 14-year-old accused of fatally stabbing his mother in their Hialeah apartment in October 2023, appeared via Zoom for a court hearing early Thursday morning.

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Miami-Dade Circuit Judge Richard Herschel, who is overseeing the case, discussed Rosa’s education and living conditions at the Metrowest Detention Center with the state and defense team, saying they needed to come to an agreement on various issues involving Rosa, who is being charged as an adult with first-degree murder.

Although Rosa is currently enrolled in a combination of individualized and group classes, his defense team informed Herschel that the Miami-Dade County Public School District has refused to provide him with an Individualized Education Plan.

Whether the teen is receiving enough time outside his cell and daily exposure to sunlight was also a topic of discussion, with Herschel emphasizing that it is crucial for someone his age.

“I am asking you all to sit down and find out if there’s a point of consensus,” Herschel said during the hearing. “We all can reach an agreement. If he’s got x amount of time for education, x amount of out-of-cell time, x amount of sunshine time.”

Both the prosecution and the defense were given 21 days to resolve outstanding issues related to Rosa’s education and detention. The judge urged both sides to collaborate and present proposals for areas where consensus cannot be reached.

Rosa is accused of stabbing his mother, 39-year-old Irina Garcia, 46 times as she slept next to her 14-day-old daughter at their apartment on Oct. 12, 2023.

A police interrogation video obtained by Local 10 News in December shows Rosa calmly nodding when asked by a Hialeah detective, “You killed her?”

Rosa’s trial is expected to begin later this year, with Herschel suggesting it could start as early as April.


About the Authors
Ryan Mackey headshot

Ryan Mackey is a Digital Journalist at WPLG. He was born in Long Island, New York, and has lived in Sunrise, Florida since 1994.

Hannah Yechivi headshot

Hannah Yechivi joined the Local 10 News team in May of 2024.

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