Boy, 13, Heard Saying 'She's Dead, Miss' on 911 Tape Pleads Not Guilty to Mom's Murder, Will Be Tried as Adult

13-Year-Old Charged As Adult in Mother's Slaying
Derek Rosa, 13, will be charged as an adult after being indicted on first-degree murder charges, prosecutors said.Miami-Dade Corrections and Rehabilitation

A 13-year-old boy has pleaded not guilty to first-degree murder in the killing of his mother. Prosecutors announced he will be tried as an adult.

A 13-year-old Florida boy pleaded not guilty Tuesday to killing his mother, who had just given birth two weeks before. He was indicted on a charge of first-degree murder and will be tried as an adult, prosecutors said.

Derek Rosa did not appear in a Miami-Dade County courtroom, where his attorney entered a plea on his behalf. The boy's father had unsuccessfully pleaded on Friday with the judge to release the teen to home custody, saying he would be monitored around the clock.

“It’s very unfortunate that this tragedy occurred,” said father Jose Rosa. “But this child is very humble, very peaceful.”

His request was denied, and Rosa continues to be held without bail. Last week, police released a chilling 911 audio of Rosa calling 911 to report his mother was dead. The boy, police said, acknowledged fatally stabbing his mother, who had been sleeping next to the child's 2-week-old sister in the family's Hialeah apartment.

Dispatcher: "I need to know if your mom is breathing."

Boy: "She's dead, Miss."

Dispatcher: "OK, and why did you do that?"

Boy: "There’s blood all over the floor."

On the audio, the boy says he took photographs of his mother's body and sent them to a friend. "Was that bad?" he asked the dispatcher.

Police said they were "dumbfounded" by the Oct. 12 slaying. The boy is an honor's student and was described in court Tuesday by his father as "so humble and respectful. We all care for him; we just can’t imagine how this happened."

The young teen's parents were divorced. He lived with his mother, Irina Garcia, and his stepfather. Neighbors described him as a "good kid."

At the time of Rosa's arrest, police said they did not have a motive for the killing. Garcia suffered multiple stab wounds to the neck, authorities said.

The 13-year-old was originally charged with second-degree murder in juvenile court. Prosecutors on Friday said a grand jury had returned a first-degree murder indictment against Rosa, which allowed him to be tried as an adult.

The boy's attorney, Kristen Jackwin, told Inside Edition Digital on Tuesday that she has filed a motion transfer Rosa to the custody of the Miami-Dade Regional Juvenile Detention Center. The boy is currently being held in an adult jail.

"Derek has the strong support of his family who have continued to show up for him. Today Derek pled not guilty," she said.

A hearing on that motion is expected to be held Nov. 9.

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