Judge postpones decision on whether Hialeah 13-year-old accused of killing mother stays in adult facility to next week
MIAMI — A judge has postponed the decision on whether a 13-year-old boy Hialeah boy accused of murdering his mother will remain incarcerated in an adult facility — the second time in two weeks.
The teenager, who is facing a murder charge as an adult, has pleaded not guilty. He will not be facing the death penalty. The judge decided to push the decision to December 14 after his lawyer requested more time to review newly received jail records.
During the teen's arraignment in October, the judge said he didn't have enough information to decide whether to move him from the Metro West Detention Center in Miami to the county's juvenile detention center.
During a hearing on November 9, the teen's lawyer argued that he should not remain in the adult facility but be moved to juvenile detention and tried there before all his rights are lost.
The prosecutor maintained that since he is charged as an adult, he should be treated accordingly. The judge ultimately sided with the state and said the teen would remain in the adult facility for now.
During last week's hearing, the teen's lawyer once again argued that he should be moved to the juvenile detention center.
The murder happened on the night of October 12. Around 11:30 p.m., officers were sent to an apartment in the 200 block of West 79th Place after 911 received a call from the 13-year-old who said he had just killed his mother.
When officers arrived, they found the body of 39-year-old Irina Garcia in her bedroom. It was lying next to a crib with her 14-day-old infant inside. The baby was not harmed. Police said Garcia had been stabbed multiple times.
Police said they had not been called to the home before and the teen has no known prior mental health issues.
