Shocking new footage has emerged showing a 13-year-old boy standing over his mother shortly before allegedly stabbing her to death in her bed, as his newborn sister lies next to her in her crib.
Derek Rosa has been charged as an adult in the Oct. 12 murder from his mother, 39-year-old Irina Garcia. He has pleaded not guilty: his lawyers have yet to declare any defense of mental illness.
Prosecutors in Miami on Monday released a night view from a baby cam showing the teenage boy standing over his mother's bed on October 12 at 11 p.m.
His arms appear to be moving, although the image is blurry and prosecutors have not yet said exactly what they believe is happening. Videos have not been shared.
The murder is said to have occurred shortly before 11:30 p.m., when Rosa reportedly called 911 to report the murder.
Another color photo taken with the same camera shows Garcia cradling her 14-day-old daughter at 10:23 p.m. The baby's father, Rosa's stepfather, lived with them but was out of town at the time.
Rosa is also shown grinning and sticking his tongue out, with bloody hands, while making a 'hang loose' surfer gesture. He sent the photo to a friend immediately after the murder and told him, “Goodbye.”
Crime scene photos released Monday show 13-year-old Derek Rosa standing over his mother's bed at 11 p.m. before fatally stabbing her. His newborn sister's cradle is next to her bed
At 10:23 p.m., Irina Garcia is seen in bed, cradling her 14-day-old daughter
Rosa, with his hands covered in blood, makes a 'hang loose' surfer gesture of friendship. Presumably it is the photo he sent to his friend, with the word: 'Goodbye'. He then called 911 to say he had killed his mother
Derek Rosa, 13, (left) allegedly stabbed and killed his mother, Irina Garcia, 39 (right) in her sleep before sending photos of her body to a friend on social media
Prosecutors released the photo of the bloody kitchen knife
The knife is seen at the crime scene in Hialeah, Florida. Rosa has been charged as an adult for the murder
Rosa's family says he is a “good boy” and that “no one could imagine this would ever happen.” He is shown with his mother and stepfather
No explanation has yet been given for the frenzied attack.
After the stabbing, he called 911 around 11:30 p.m. to report that he had just killed his mother, while his newborn sister was sleeping in her crib nearby.
He told the operator that he had stabbed his mother in her sleep and that he also considered suicide, but said he “didn't want” to kill himself.
A hearing last week was to determine whether he should remain in the adult prison where he is currently being held, or whether he can return to a juvenile facility.
His lawyers insist on the latter.
The judge did not decide where he should be held.
The hearing also heard arguments over whether the teen's legal team should be allowed to enter the apartment where the murder took place.
Derek Rosa, 13, looked disoriented and confused as he listened to lawyers and the judge during a brief hearing in Miami
The teen's legal team gathered around him at one point to explain the procedure
Rosa, 13, is accused of murdering his mother Irina while she slept on October 12
The apartments where Rosa lived in Hialeah, Florida, before he allegedly stabbed his mother to death
The judge granted the request, on the condition that police officers remain outside during their searches.
It is unclear what exactly they are looking for and why they want to gain access to the home.
The teen's stepfather protested, as did prosecutors, who pointed out that others had been in the apartment since the crime.
Rosa's lawyers examined the crime scene on Thursday. NBC News reported.
A team consisting of an attorney, a forensic investigator and a photographer were allowed to enter the Hialeah building for three hours.
Rosa's neighbors were stunned by his arrest last month.
She and his family described him as a happy, inquisitive teenager who never showed any signs of violence.
His father, Jose Rosa, previously called for his son to be given a second chance.
“I think we're asking for another chance – a second chance – to help him grow and mature as an adult man so he can put this behind him,” he said.