A 13-year-old boy accused of stabbing his mother to death in Hialeah was back in court Thursday as his attorneys seek to have him transferred out of an adult jail to the juvenile detention center while he waits trial.
Derek Rosa is facing a murder charge in the Oct. 12 killing of his mother, 39-year-old Irina Garcia. He's being charged as an adult and is currently being held at the Metro West Detention Center.
In court earlier this month, defense attorneys said they want to present witnesses to prove Rosa's rights are being violated inside Metro West and that he should be moved back to juvenile detention.
Defense attorneys previously said they have about six witnesses set for day two of the evidentiary hearing, which was scheduled for Dec. 7, but was pushed back to this week so attorneys have time to review records from the corrections department.
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Judge Richard Hersch heard from multiple witnesses on Thursday but the hearing was expected to continue with more testimony on Friday.
NBC6 was told Rosa is the youngest of 34 juveniles being held at the new juvenile section at Metro West, and that the rest are 16 and 17 years old.
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The Department of Corrections said they are always watching Rosa because he's considered high profile. The teen is kept alone in a cell with a frosted window with no direct view outside.
Rosa is alone and cannot associate with other children. He is only allowed to play with staff members, to ensure his safety.
He also calls his family and receives mental and medical health checks.
Prosecutors are against moving him to juvenile detention because they say Rosa needs to be treated as an adult.
The hearing comes after several chilling photos were released by the Miami-Dade State Attorney’s Office that show the knife used to kill Garcia covered in blood.
Two other photos captured from a nearby baby monitor show Garcia holding her newborn daughter, and then her son, Rosa, later standing over her the night of the killing. Another photo shows Rosa posing with what appears to be blood on his hand. It's reportedly the same photo Rosa allegedly sent to a friend after the killing.
Rosa, an 8th grader at iMater Academy in Hialeah, was arrested on a murder charge in the Oct. 12 killing of his mother.
Hialeah Police officials said the incident happened at an apartment complex at 211 West 79th Place.
Officers responded to the address after receiving a call from the teen telling them he'd just murdered his mother, police said.
When officers arrived, they found the 39-year-old woman dead in her bedroom next to a crib with a 14-day-old baby that was unharmed.
