Christian Fernandez, 13, became the youngest inmate in Duval County as he is being charged as an adult for killing his 2-year-old brother and sexually abusing his 5-year-old half-brother. Fernandez has dealt with his own life of violence as he was sexually assaulted and beaten by family members. Click below to read more.
A decade before he was charged with murder, a 2-year-old Cristian Fernandez was found naked and dirty, wandering a South Florida street. The grandmother taking care of him had holed up with cocaine in a messy motel room, while his 14-year-old mother was nowhere to be found.
His life had been punctuated with violence since he was conceived, an act that resulted in a sexual assault conviction against his father. Fernandez’ life got worse from there: He was sexually assaulted by a cousin and beaten by his stepfather, who committed suicide before police investigating the beating arrived.
The boy learned to squelch his feelings, once telling a counselor: “You got to suck up feelings and get over it.”
Now 13, Fernandez is accused of two heinous crimes himself: first-degree murder in the 2011 beating death of his 2-year-old half-brother and the sexual abuse of his 5-year-old half-brother. He’s been charged as an adult and is the youngest inmate awaiting trial in Duval County.
If convicted of first-degree murder, Fernandez could face a life sentence — a possibility that has stirred strong emotions among those for and against such strict punishment. The case is one of the most complex and difficult in Florida’s courts, and it could change how first-degree murder charges involving juvenile defendants are handled statewide.
The U.S. Supreme Court ruled this summer that it is unconstitutional for juvenile offenders to get mandatory life sentences without parole. Because of that, Fernandez’ defense attorneys said they can’t advise their client what kind of sentence he could face. Another complication involves whether Fernandez understood his rights during police interrogations.
Richard Kuritz, a former Jacksonville prosecutor who is now a defense attorney, said everyone agrees that Fernandez should face consequences if convicted — but what should they be?
“What would be a fair disposition? I don’t suspect this case is going to end anytime soon,” said Kuritz, who has been following the case closely.
Supporters of local State Attorney Angela Corey say she’s doing the right thing by trying Fernandez as an adult: holding a criminal accountable to the full extent of the law. But others, like Carol Torres, say Fernandez should be tried in juvenile court and needs help, not life in prison.
“He should be rehabilitated and have a second chance at life,” said Torres, 51. Her grandson attended school with Fernandez and she has created a Facebook page to support him.
In other states, children accused of violent crimes are often charged or convicted as juveniles. In 2011, a Colorado boy pleaded guilty to killing his two parents when he was 12; he was given a seven-year sentence in a juvenile facility and three years parole. A Pennsylvania boy accused of killing his father’s pregnant fiancée and her unborn child when he was 11 was sent this year to an undisclosed juvenile facility where he could remain in state custody until his 21st birthday.
