The attorney of a teen who confessed to stabbing his mother spoke out about her concerns for the 13-year-old's wellbeing in adult jail as family members wrote 20 letters to the court supporting him.
Thursday marked a week since Derek Rosa, who confessed to fatally stabbing his mom Irina Garcia, was transferred out of the Juvenile Detention Center to the Metro West Detention Center.
The transfer was ordered once Rosa was indicted by a grand jury on a first-degree murder charge for his "evil" and "premeditated" actions, according to records.
Because the teen was denied bond and is considered an adult, he is living with a small group of minors waiting for trial as adults at Metro West. However, Kristen Reynoso, Rosa’s attorney, told NBC6 in an exclusive interview that most of the minors he’s with are closer to 17.
The Hurricane season is on. Our meteorologists are ready. Sign up for the NBC 6 Weather newsletter to get the latest forecast in your inbox.
“He’s a middle schooler. He still plays with Legos. He’s a child,” Reynoso said.
Reynosa filed a motion to try and convince a judge to let Rosa return to the juvenile center where he previously lived, pending his adult case. The children living there are not facing as serious charges as Rosa.
“My goal is to get him back to a safe place, where he had established loving and respectful bonds, where he was doing very well and had a lot of services at his disposal," Reynoso said.
Experts say adult jail is known as a place for punishment, while the juvenile system prioritizes rehabilitation. County records show there are currently 2,502 inmates at Metro West. County-wide, only 32 inmates are 17 and under.
“My concern, of course, is bullying. Both emotional and physical and harassment," Reynoso said. "My concern is also supposed to be separation, there are times as much as correction officers try, there are situations children do mix with adults."
Judge Richard Hersch is expected to hear arguments on the motion next week. The judge wants to learn more about the teen. In response, Rosa’s family sent 20 letters obtained by NBC6 that describe the accused criminal as a loving child.
“I had him as if he were my son. We get along very well, said Rosa’s stepfather, who lost his wife and the mother of his newborn baby.
A school bus driver also wrote to the court and described the middle schooler as having "impeccable conduct" and the best grades.
Rosa’s aunt wrote a detailed letter asking for her nephew to receive "psychological help" and said she loved him. The aunt later asked for “mercy” and “despite the loss of his mother, she’d want him to have a life of purpose.”
Criminal defense attorney Erick Cruz, who is not affiliated with this case, said prosecutors in Florida have all the power. Family support could help Rosa get a plea deal or a lesser charge.
“Florida is probably one of the leading states in our country at directly filing juveniles as an adult," the former prosecutor added. "The reason is all the discretion lies with the prosecutors.”
