Family Wants Court to Transfer 13-Year-Old Charged With Murdering Sleeping Mom to Juvie

The defense team for a 13-year-old Florida boy accused of killing his mother in October has been granted emergency access to inspect the crime scene following a hearing on Tuesday.

Derek Rosa reportedly stabbed Irina Garcia, 39, on October 12 at their Hialeah home as Garcia slept not far from her 14-day-old daughter. Rosa’s attorneys are expected to visit the crime scene on Thursday, according to WPLG.

READ: 13-year-old Boy Takes Pictures After Killing Sleeping Mom Near Her Newborn Daughter

“There will be police presence outside the front door. They will not be entering while you are inspecting the apartment,” Miami-Dade Judge Richard Hersch told defense attorneys, according to WTVJ.

Rosa allegedly called 911 after stabbing Garcia multiple times in the neck. The teen reportedly told a 911 dispatcher that he sent pictures of his dead mother to someone he met online. He went on to tell the dispatcher that there was blood all over the floor.

“I took pictures and I told my friend about it,” he allegedly said in the 911 call. “Was that bad?”

Rosa is charged as an adult with first-degree murder. A hearing on Friday will address whether he will remain at Metro West Detention Center or be moved to a juvenile detention center.

Family members, who have said the murder is extremely out of character for the honor student, want him housed in a juvenile detention facility, but Miami-Dade County Judge Richard Hersch said earlier this month that the first degree murder charge requires that he be housed in the adult detention center. The judge said, however, that he was willing to hear more on the constitutionality of a move and scheduled the hearing for Friday.

WPLG reported that Rosa’s trial is scheduled to begin in February.

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[Featured image: Derek Rosa/Hialeah Police Department]