MIAMI (WSVN) - A judge has reached a decision as to whether or not a 13-year-old boy accused of killing his own mother in their Hialeah apartment will be moved to a juvenile-only facility.
Late Friday afternoon, Miami-Dade Circuit Judge Richard Hersch decided to keep Derek Rosa at the Metro West Detention Center, an adult facility that recently opened a juvenile wing.
The judge’s decision comes after testimony from instructors who are teaching Rosa different school subjects, suggesting he has a learning disability.
The defense argues the teen needs to be moved, Friday afternoon, they called a psychiatrist who took the stand, also looking over Rosa’s mental health.
On Thursday, investigators played a recording, saying Rosa explained how he took the life of his mother, 39-year-old Irina Garcia..
“So you went to sleep around 10,” said the officer.
“Yes,” said Rosa.
“And then what?” said the officer.
“I woke up, went to the kitchen. I grabbed one of the kitchen knives, and I went to her room and then I…” said Rosa.
“It’s OK, you can say it,” said the officer.
“I killed her,” said Rosa.
Authorities said Rosa fatally stabbed his mother inside their apartment on Oct. 12.
It was revealed in court that Garcia had 46 stab wounds.
“You killed her? All right, what type of knife was it? Do you know?” said the officer in the recording.
“It was a kitchen knife,” said Rosa.
“That big?” said the officer.
“Yeah,” said Rosa.
“What color was the handle?” said the officer.
“Purple,” said Rosa.
“Purple?” said the officer.
“Yes,” said Rosa.
“OK. Your mom was sleeping?” said the officer.
“Yeah, she was sleeping,” said Rosa.
After the murder, investigators said, the teen sent a picture to a friend appearing to show blood on his hand.
Prosecutors, meanwhile, argue that Rosa is receiving the appropriate care and attention that is required by law.
“So in addition to the mental health counselors, the doctors, the inmates and the teachers, you are just an additional person who checks on the juvenile inmates to make sure everything is going as smoothly as it can while they are in custody?’ a prosecutor asked a counselor who took the stand.
“Yes,” the counselor replied.
Hersch kept questioning some of the witnesses for the defense and the relevance of the information as it pertains to Rosa.
“The problem the state has is, one, if we believe these records, nobody ever diagnosed this young man with autism ever before, except someone in the jail thought, ‘Oh, gee, I think he has autism,’ but I don’t think you’ve done the testing for that, have you, doctor?” Hersch said.
“No, I have not, sir,” the psychiatrist replied.
“So you’re relying upon a passage by somebody in the jail that thinks he has autism, but no records at any time within his 13 years where he’s been diagnosed with autism?” said the judge.
Metro West Detention Center opened its juvenile wing in October, and this is where Rosa will be required to stay.
Rosa’s lawyers wanted to move their client back to a juvenile-only facility, but on Friday, they got their answer from the judge.
“The motion is denied,” said Hersch.
After court, no one commented about the judge’s decision.
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