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Judge Denies Transfer of Cuban Teen Derek Rosa to Juvenile Facility

Saturday, March 15, 2025 by Hannah Aguilar

Judge Denies Transfer of Cuban Teen Derek Rosa to Juvenile Facility
Derek Rosa and his murdered mother - Image by © Hialeah Police

Despite being only 14 years old, Derek Rosa, a Cuban teenager charged with the murder of his mother in Hialeah in October 2023, will remain in an adult detention center. On Friday, a new hearing took place, during which Judge Richard Hersch once again rejected the defense's request to move Derek to a juvenile facility. He will continue to be held at the Metrowest adult detention center as he awaits trial, which is scheduled to begin in June.

Rosa was not present at the hearing, not even via videoconference, as had occurred in January. However, his father and grandmother attended the court proceedings. During the hearing, Judge Hersch emphasized that the trial has been delayed excessively and needs to start as soon as possible. He also accused the defense of stalling the submission of their evidence.

Specifically, the judge informed the young man's lawyers that if they plan to use a mental health defense, they must present the relevant evidence promptly. The defense had requested a delay in the trial to include additional witnesses, videos, and interviews, but Hersch denied this request and mandated that all evidence, including witness names, be submitted by May 9.

Derek Rosa will be tried as an adult and faces a charge of first-degree murder. On the night of October 12, 2023, the then 13-year-old allegedly stabbed his mother, Irina García, 46 times while she slept. This occurred in front of the crib where his 14-day-old baby sister was sleeping. He later called 911, detailing what happened inside the apartment located at 211 West and 79 Place in Hialeah. Before doing so, he allegedly took photos of his mother's body and sent them to a friend, recounting his actions.

In a virtual court appearance last September, Rosa's father and grandmother, who were present in the courtroom, were visibly moved by his physical transformation. The family maintains the teenager's innocence, asserting that he had no history of mental health issues and was an excellent student. He was even a member of his school’s honor roll, where peers regarded him as an intelligent and quiet young man.

Key Questions About Derek Rosa's Case

Why is Derek Rosa being tried as an adult?

Derek Rosa is facing a first-degree murder charge, which in Florida, is a serious crime that can be prosecuted in adult court regardless of the defendant's age.

When is Derek Rosa's trial expected to begin?

The trial is currently scheduled to start in June, with all evidence due by May 9.

What evidence does the defense plan to present?

The defense has indicated plans to introduce additional witnesses, videos, and interviews, and may use a mental health defense, although specific evidence has yet to be disclosed.

How has Derek Rosa's family responded to the charges?

Derek Rosa's family has defended his innocence, citing his lack of mental health issues and strong academic record as evidence of his character.

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