Cristian Fernandez

Case record: Cristian Fernandez

Background

Cristian Fernandez was a juvenile when Jacksonville authorities charged him in the death of his 2-year-old half brother, David Galarraga. He later became Duval County's youngest-ever murder suspect and the youngest person charged as an adult with first-degree murder in Jacksonville history.

Court papers indicated that prosecutors argued he had an abusive upbringing. A psychologist’s report traced problem behaviors back to 2002, when Fernandez would have been 3. The filing described behaviors prosecutors alleged included killing a pet kitten and sexual assault of his surviving half brother.

The case involved Fernandez’s stepfather, Luis Galarraga, who shot himself to death in front of Fernandez’s younger sibling last October as police were coming to arrest him for abusing Fernandez. Shortly after the suicide, the family moved to Jacksonville. Fernandez had enrolled at Kernan Middle School. He was described as a straight-A sixth-grade student at the time of his arrest.

Prosecutors also stated that Fernandez had been transported from a juvenile detention center to the Duval County jail while he faced adult charges, and that he would be placed with juvenile inmates.

The offence

Investigators alleged that Fernandez caused fatal injuries to his half brother, David Galarraga, in their apartment by slamming him into a bookshelf. Police said David died after receiving head injuries.

Prosecutors said Fernandez initially told police that David had fallen off his bunk bed. The defense alleged that Fernandez had already suffered a life of physical and emotional abuse when he was arrested.

During an interrogation, using a doll, Fernandez described an incident in January 2011 involving his half brother and later described pushing David against a book shelf. He said he was angry and that it was because of something his stepdad did to him. He also said he shoved Galarriogo into the bookcase and described David as bleeding from the nose and mouth and breathing. He said after he shoved David’s head into the shelf two times, David did not move but was breathing.

Fernandez stated that his mother was not home at the time because she was driving and taking his other brother to school. He also said his mother did not know about what happened immediately, and he described that his mother’s location was unknown to him during the interrogation.

The narrative presented in the material also included a separate sexual battery allegation involving Fernandez and his 5-year-old half brother, described as involving one or more occasions between Oct. 22, 2010, and March 14 of last year.

Investigation

Jacksonville Sheriff’s Office detectives recorded an interrogation video of then-12-year-old Cristian Fernandez. The interrogation took place after he was arrested and interrogated in March 2011.

The interrogation recording lasted about an hour and 24 minutes in its entirety. Fernandez sat in the interview room for more than 20 minutes before a female detective came in. They then went through his Miranda rights a short time later.

A female detective told Fernandez: "You don't have to talk to me," Detective Nechelle Soehlig tells Fernandez. "I want you to talk to me, but you don't have to talk to me, OK?"

About six minutes later, Fernandez, using a doll, showed the detective how he broke David Galarriago's leg in an incident in January 2011. Fernandez said: "Did you hear a snap?" the detective asked. "Well, sort of," Fernandez said. "He started crying, so I stopped."

The detective told Fernandez repeatedly that it couldn't be the truth. There were long pauses in which they just looked at each other. The detective asked him to tell the truth, to do the right thing for Galarriogo's sake, and that he didn't have to be scared.

The detective asked: "You feel bad about what happened tonight?" And he answered yes.

Fernandez said: "Did you hit him with something?" the detective asked. "No," Fernandez said. "What happened?" the detective asked. "I pushed him against the book shelf," Fernandez said. "How did you do that? Why'd you push him? Were you angry?" the detective asked. "Yes, about something my stepdad did to me," Fernandez said. "Why tonight?" the detective asked. "Because I was thinking about it," Fernandez said. "Why'd you take it out on your little brother? Was it because he was there?" the detective asked. "Yes," Fernandez said.

Fernandez again used a doll to show how he shoved Galarriogo into the bookcase. He said: "He said the boy was bleeding from the nose and mouth, so he carried him to the bed."

The detective asked about the mother: "What was your mom doing when this happened?" the detective asked. "I don't know," Fernandez said. "Was she home?" the detective asked. "No, she was driving, taking my other brother to school. I'm not sure where she was," Fernandez said.

The detective asked about babysitting: "Does she make you babysit your brothers and sisters a lot?" the detective asked. "Yes," Fernandez said.

Fernandez said: "He said after he shoved Galarriogo's head into the shelf two times, the boy didn't move but was breathing."

The detective left the room about 58 minutes into the recording, then returned about 12 minutes later. The two reviewed things. The detective asked: "Did you know what you did was wrong?" she asked. "Mm, hm," Fernandez said.

Fernandez said: "I felt bad because then I realized what I'd actually done, because I really wasn't thinking about what I was doing when I pushed him. I was just thinking about myself."

Fernandez asked if David did not wake up: "Fernandez asked if his brother didn't wake up, would that mean he won't make it. He asked if the doctors could wake him up. The detective said they couldn’t do that, and she didn't know what was going to happen."

The material also included internet search information attributed to activity on a laptop in Biannela Susana’s apartment. The narrative described that someone used one of two laptops in Susana's apartment to look up content about when a person "gets knocked out." It also described searches for "concussions on children," "unconscious for hours," and "St. Luke's Hospital in Jacksonville," along with downloading music, searching for popular screen savers, and logging on to YouTube.

A defense lawyer argued that it was Cristian’s laptop where the internet searches happened. Assistant State Attorney Mark Caliel questioned whether a 12-year-old would be doing online banking, based on searches that included clicks to a bank website.

Police search information included that at about 11:40 p.m. on March 14, police went inside the crime scene after Susana signed her consent for a search of her Alden Road apartment. The material stated that the items found included both laptops on the kitchen counter and blood in David's bedroom, including blood and what looked like vomit.

Arrest

The material described Fernandez’s arrest and interrogation in March 2011. It stated that he was arrested and interrogated in March 2011, charged with murder, and became Duval County's youngest-ever murder suspect.

Fernandez’s sexual battery case was also described as involving a grand jury indictment in January 2012, after a grand jury indicted him Thursday morning in the sex case involving his 5-year-old half brother.

The case described Fernandez being in custody since March 2011.

Trial

Judicial decisions in the material included a ruling by Judge Mallory Cooper that granted a defense motion to dismiss the videotaped interview and confession as evidence. The material stated the judge ruled the boy hadn't fully understood his Miranda rights or what he was doing when he waived them, and that police were wrong to interrogate him without another adult present because his consent as a 12-year-old was not legally sufficient.

A later decision in the material stated that Judge Mallory Cooper dismissed a request to drop charges as “premature.” In that decision, Cooper wrote: "Cristian 'is yet to be convicted of the crime for which he is charged,' Cooper wrote in her three-paragraph decision. “Through the indictment, [he] has received all notice due to him at this time.”"

The material described that Fernandez’s defense team argued that a Supreme Court decision threw Florida’s sentencing scheme into doubt. The material stated that Cooper reasoned that Miller only prohibits a mandatory sentence of life without parole, and wrote: "So long as the sentencing court follows certain procedures required by Miller—such as considering Cristian’s age and other relevant characteristics—Cooper explained that “the potential maximum sentence a juvenile could constitutionally face if convicted of first-degree murder is still” life without parole."

The material included a quote from defense counsel Hank Coxe following Cooper’s ruling: “We understand Judge Cooper’s ruling. It will not distract us from our commitment to fight the continued prosecution” of Cristian as an adult, “exposing him to a life in prison without parole.”

The material also stated that Fernandez was facing trial as an adult but would be sentenced as a juvenile under a plea agreement.

Sentencing

Cristian Fernandez pleaded guilty as a juvenile to manslaughter and aggravated battery. The plea was entered on February 7, 2013.

The material stated that if Fernandez adheres to the conditions of the plea agreement, he would be released from the Department of Juvenile Justice on his 19th birthday in January 2018.

The adjudication of guilt was withheld in the aggravated battery charge, which was to run consecutive to the manslaughter charge. Upon release on the manslaughter charge, he would serve 8 years of probation as part of the aggravated battery charge. The material stated conditions included:

• staying away from any siblings unless they seek to meet with him
• not spending any unsupervised time with anyone under 16 unless approved by his probation officer
• looking for employment when eligible
• probation being terminated after five years if Fernandez adheres to the conditions
• if he violated probation, he would be sentenced as an adult to a term related to the crime

Appeals

The material did not describe an appeal in Cristian Fernandez’s own case after sentencing; it described pre-trial and sentencing-related rulings.

Outcome

The material described that Judge Mallory Cooper dismissed the defense motion to dismiss statements in part by dismissing the request as premature, and also described that Cooper later threw out the videotaped interview and confession as evidence after ruling on Miranda understanding and consent without another adult present.

The sexual assault charge was dropped in the related sexual battery matter. The material stated prosecutors decided to drop the sexual assault charge against Cristian Fernandez.

In the murder case, the manslaughter and aggravated battery guilty plea remained the outcome referenced in the current status.

An unrelated sexual battery case against Fernandez involving another half brother was dropped by prosecutors in November, with prosecutors citing a lack of physical evidence and witnesses.

Aftermath

The material stated that Fernandez would remain jailed until his 19th birthday.

It also stated that the plea expedited sentencing of Fernandez’s mother, Biannela Susana, who pleaded guilty last year to aggravated manslaughter. Susana admitted leaving David alone with Fernandez and a younger sister and waiting eight hours to get David medical attention after finding him injured. David died after being taken to the hospital. The material stated Susana faced up to 30 years in prison and that sentencing was delayed until the outcome of Fernandez’s case.

The material stated that there were disputed allegations and legal challenges surrounding Fernandez’s interview and confession. It also included statements by defense attorney Gene Nichols and other legal actors regarding the implications of Judge Cooper’s rulings, and comments about the case moving to trial or sentencing.

Fernandez turned 13 next week in the material’s timeline surrounding the sexual battery indictment.

Other details

People named

• Cristian Fernandez — defendant
• David Galarraga (also rendered as David Galarriago / Galarriogo in the material) — victim; 2-year-old half brother who died from head injuries described as repeated blunt force trauma to the head and other injuries
• Biannela Susana — mother of Cristian Fernandez; pleaded guilty to aggravated manslaughter for neglect
• Detective Nechelle Soehlig — detective who told Fernandez:
• Judge Mallory Cooper — presiding judge in decisions described
• Gene Nichols — defense attorney not related to the case, quoted on issues about mental ability to understand rights and on evidentiary sufficiency
• Hank Coxe — defense attorney
• Matt Shirk — Public Defender referenced
• Assistant State Attorney Mark Caliel — prosecutor referenced
• Assistant State Attorney Alan Mizrahi — prosecutor referenced
• State Attorney Angela Corey — described as in the audience for the court session and as repeatedly speaking about concerns for David’s rights
• Chief Circuit Judge Donald Moran — ruled Fernandez would be transported back to the juvenile facility and expressed concern about isolation
• Jail Chief Tara Wildes — stated murder defendants are held for an average of 360 days before trial
• Attorney Shawn Arnold — attorney for Biannela Susana
• Prosecutor Mark Caliel — referenced in Susan’s plea hearing and in statements about the state’s reasoning

Places named

• Jacksonville, Fla.
• Duval County
• Kernan Middle School (Jacksonville)
• St. Luke’s Hospital (Jacksonville)
• Shands Jacksonville
• Hialeah police reference (in context of stepfather’s suicide)
• Alden Road apartment
• Hialeah
• Miami area (family background)

Dates and time references explicitly included in the material

• February 7, 2013 — Cristian pleaded guilty to manslaughter and aggravated battery
• January 2018 — planned release from the Department of Juvenile Justice on his 19th birthday
• March 2011 — Fernandez arrested and interrogated; murder charge discussed as charged in connection with David’s March 2011 death
• January 2011 — incident described in interrogation regarding breaking David’s leg
• January 8 (mentioned) — sentencing date pushed back for Biannela Susana
• January 5, 2012 — indictment described as scheduled for sexual battery charge
• Nov. 21, 2012 — Daily Beast report date describing trial scheduled for March 4 and Judge Mallory Cooper’s decision rejecting dismissal request as “premature.”
• March 4 — trial date discussed for first-degree murder charge
• November (mentioned) — unrelated sexual battery case against Fernandez dropped; also referenced the timing of decisions about evidence and witnesses
• June 25, 2011 — psychologist-related court papers described in the material
• June 2, 2011 — grand jury indictment described in the material
• September 14, 2011 — internet search and Toshiba laptop details described in the material
• March 15 — interrogation transcript ending described as after 3:30 a.m. and ending at 3:37 a.m.
• 10:54 a.m., 2:38 p.m., 3:07 p.m., 4:05 p.m. — time-of-day references for internet searches described

Verbatim quotes included in the record (from the material)

• "Well, sort of," Fernandez said.
• "No," Fernandez said. "How did you do that? Why'd you push him? "Yes," Fernandez said.
• "Mm, hm," Fernandez said.
• "It is disturbing, but when you know you have to balance the safety of other children in the home and in the community, it is not so disturbing," State Attorney Angela Corey said after a grand jury indicted Fernandez.
• "There's no question that by the judge tossing this, the judge had determined that this young man did not have the mental ability to understand his rights were," Nichols said.
• "Whether or not the statements are consistent, we don't know, and we won't know unless we can ever find out physically what happened in that room." (attributed in the material to Gene Nichols)
• "It appeared that all the state attorney's office had were these conflicting statements to prosecute Cristian, and that was not going to be enough to prosecute Cristian," Nichols said.
• It will not distract us from our commitment to fight the continued prosecution” of Cristian as an adult, “exposing him to a life in prison without parole.” (Hank Coxe)
• "I would have liked to see the case move more quickly," Shorstein said, “but with a case as complex as this one, two years from indictment to trial is not an unreasonable amount of time.”
• "We’re pleased with the plea because it’s the first step toward achieving justice for David," Caliel said.
• "I went back home," Susana testified Wednesday. “He [David] was unconscious.”
• "We will deal with this in the courtroom," Coxe said.