13-year-old who stabbed mother to death in Hialeah arraigned, pleads not guilty

A 13-year-old accused of stabbing his mother to death in their Hialeah apartment entered a plea of not guilty and requested a jury trial on Tuesday.

Derek Rosa, who’s currently at the MetroWest Detention Center, was not physically present for his arraignment, but his father, maternal grandmother and other loved ones lined the first row inside the courtroom gallery.

"Derek is a sweetheart. No one knows him like we do," a loved one told reporters in Spanish after the hearing. "This is unlike him. He’s not an adult. He’s a child that likes to play.”  

Rosa initially faced a second-degree murder charge, but last week a grand jury indicted him on a first-degree murder charge.

This indictment automatically places his case into the adult felony court system. Rosa will not be facing the death penalty, but he could face up to life in prison for his mom's murder.

On Tuesday, Rosa’s private attorney, Kristen Reynoso, also filed a motion to transfer Rosa from MetroWest to the Miami-Dade Juvenile Detention Center.

Judge Richard Hersch did not make a ruling since he wanted to hear arguments from prosecutors and defense attorneys.

Last Friday, Rosa's father and grandmother testified on the 13-year-old's behalf, hoping he would be allowed to go home and remain under house arrest.

In over 20 letters sent to the court, Rosa's father described the teen as a respectful honor roll student. He said that the victim's mother helped raise his son and that he was a good kid who was well-loved by his friends.

The father said he did not know what led to this incident, and added that after being in the military for 22 years, he had taught Rosa good values.

"It's hard for us to explain how this occurred," Jose Rosa said. "It's difficult, but I guess what we are asking for is another opportunity, a second chance to help him grow – put this behind him and say we have your back – we are here to support you."

His father pleaded for a second chance and said that the grandmother would even be willing to move in with him to help with the teen.

Rosa was denied bond Friday.

The fatal stabbing happened back on Oct. 12 at an apartment at 211 West 79th Place. Hialeah Police said the teen stabbed his 39-year-old mother to death in her bedroom next to a crib where the woman's newborn baby was sleeping.

The teen later told detectives he stabbed his mother while she slept, according to an arrest report. The 911 call obtained by NBC6 also revealed Rosa took photos of his mother's body and sent them to a friend online.

Police said the baby is the teen's half-sister and that the mother's husband, the teen's stepfather, is a truck driver who was out of the state when the killing happened but was on his way back home.

Neighbors identified the woman as Irina Garcia and that she had just given birth to the baby a few days prior.

Records show Rosa attended iMater Middle School in Hialeah.

Rosa’s next hearing where the judge plans to rule is Nov 9. The tentative trial date is set for February.