Bullied kid murders bully; courts let him walk


#1

http://www.naplesnews.com/news/2012/jan/03/collier-judge-upholds-stand-your-ground-defense-ca/?partn

NAPLES — A 15-year-old who fatally stabbed his school mate will no longer face criminal prosecution.

A judge’s ruling, made public Tuesday, granted a motion to dismiss the second-degree murder charge againstJorge Saavedra in the death of 16-year-old Dylan Nuno on the grounds that he acted in self-defense under Florida’s “Stand Your Ground” law. The State Attorney’s Office has indicated that it will not appeal the ruling.

Nuno’s family and friends criticized Collier County Circuit Judge Lauren Brodie’s decision, calling it “unbelievable” and “heartbreaking.”

“We know this wasn’t the right decision,” said Dylan’s aunt, Adriana Nuno.“(The judge) is showing those kids it’s OK to get away with murder.”

Saavedra, who was 14 at the time of the stabbing, was charged as a juvenile. If found guilty, the former Palmetto Ridge High student would have been released by the age of 21.

Brodie’s ruling concluded that Saavadra, who said he was bullied and tried avoid a fight with Nuno, did not act unlawfully. She added that Saavadra had more than enough reason to believe he was in danger of death or great bodily harm.

Brodie based her decision this week on the findings from a two-day December hearing, during which students who witnessed the events Jan. 24, 2011, testified that several teens announced the fight on the bus, and Saavedra got off several stops early in Golden Gate Estates. Saavedra showed a pocket knife to two teens on the bus that afternoon.

In a nine-page document released Tuesday by the State Attorney’s Office, Brodie stated that by getting off the bus several stops before the location where the fight was to happen, Saavedra “demonstrated that, with or without a knife, (he) had no desire to fight with Dylan Nuno.”

Accompanied by several students, Dylan Nuno, a junior, followed Saavedra, a freshman, off the bus. He then punched him in the back of the head, according to court documents and testimony.

Saavedra attempted to get away once, witnesses said. He then stabbed Dylan Nuno 12 times in the chest and abdomen. Two of the blows caused fatal wounds, including one that nicked his heart.

In her decision, signed Dec. 30, 2011, the judge said Saavedra had “no duty to retreat” and was “legally entitled to meet force with force, even deadly force.”

“The defendant was in a place where he had a right to be and was not acting unlawfully. He had more than enough reason to believe he was in danger of death or great bodily harm … (He) was under attack from the first punch to the back of his head until he stabbed Dylan Nuno.”

Prosecutors will not be appealing the case, a move that upset Dylan Nuno’s family and friends.

“We’ve reviewed the decision,” said Samantha Syoen, spokeswoman for the State Attorney’s Office. “There does not appear to be any issues to appeal.”

Saavedra’s lawyer, Donald Day, called the case “a tragedy all the way around.” Saavedra is currently living with his family in Miami.

“My reaction is there is no winner at all in this case,” Day said. “My client’s family feels terribly for the Nuno family.”

The judge’s decision came as a surprise to Adriana Aradas, 19, a close friend of Dylan Nuno who sat with his family for the December hearing, wearing a T-shirt emblazoned with messages for the teen.

“I wasn’t’ expecting that at all,” Aradas said. “At the last hearing, there was so much against Jorge.”

During that hearing, students recounted for the judge previous altercations between the two teens, including one instance on the bus when something was lobbed from the back, where Dylan Nuno sat, to the front, where Saavedra was.

The judge also highlighted that Saavedra would skip school or find other ways home to avoid the bus.

Though the judge’s order does not mention the term “bullying,” which was heavily used by the defense, it does describe “taunting comments” from Dylan Nuno and two other male teens shortly before the fight.

Dylan Nuno’s family and friends have defended the teen, saying repeatedly he was not a bully and in fact transferred from Lely High School to Palmetto Ridge to escape taunting himself.

Their hopes for a bench trial before Brodie are now gone, weeks before the anniversary of his death and what would have been Dylan Nuno’s 18th birthday.
*“Brodie’s decision is not setting a good example for children or adults,” said Kim Maxwell, *

Dylan Nuno’s mother. “I truly do not want this type of tragedy to happen to another innocent family.”

Yet after months of seeing Saavedra in the courtroom, there is some closure in the fact that they will no longer have to see the teen’s killer on what at times in 2011 was on a monthly basis.

“Whatever happens, whether (Saavedra) would have gotten time, it’s not going to bring Dylan back,” said Adriana Nuno. “We’ll have to move on, unfortunately without our Dylan.”

This is how you deal with bullies. Let them know that their bullshit will not be tolerated. I’m glad the kid got off with no time.


Teen gets murdered for appearing suspicious
#2

glad to hear that being an asshole doesn’t pay off in the long run.

stories like this makes my day. anyone still remember when those 2 bitches at mcdonalds got manhandled with a metal pipe and they let the manhandler walk free? this is what i call justice.

now if only that asian soldier killed his tormentors instead of turning the bullet on himself.


#3

It disgusts me when parents have a child that’s a bully or just a bad kid in general and they refuse to believe it. If the bullied kid had to stab the bully you know some fucked up stuff had to happen.


#4

“My reaction is there is no winner at all in this case,” Day said.

That pretty much sums it up.


#5

Wow. Looks like someone recently injected these legal people with some fucking common sense


#6

Really? I’m not gonna lie, I was all laughs about the video/gif of the beating but I lost interest in that shit pretty quickly… Glad to hear it had a happy ending after all !

oh and as to this thread, I’mma side with k0rr1… no winners here, just sad times that shit had to get THAT bad.


#7

About fucking time. Shieeeeeeeeeeeeeeeeeeeeeeeeeet


#8

[media=youtube]ifEjyohozPE[/media] i would much rather something like this happen then a life be loss over stupidity. Wtf are teens going to school with knives an shit…A life loss because ppl wanna be ignorant is not cool, but i guess being stupid has become america’s pasttime


#9

fuck bullies


#10

this sort of mentality needs to exist in California. there is nothing more frustrating than being picked on by ass holes and you know you can’t defend yourself because the moment you do its no longer just assault by the dick hitting you. You have know committed battery and assault. No matter how fucking hard you rationalize it, liberal pussies still slap you with assault.

Thank you Florida, for once you did something right.


#11

how about the message this sends out of “stop bullying or get shanked you pieces of shit”.


#12

Fucking latinos and stabbing people

This is bs

They need to make wrestling mandatory in pe. This dude is not a hero. Just another latino shanking a fellow latino


#13

Bullying is wrong, but since when was murdering the solution for it? The kid who killed the bully can’t really be called a victim anymore after crossing that line.

(Edit: My apologies, meant killing instead of murdering, how silly of me. :o)


#14

^except this wasn’t a case of the bullying (or worse) being done and over with and the victim going back and stabbing…


#15

He was being attacked by 3 ppl he in defence stabbed him just so happens it was in vital organs…thats what happens when u spend your youth watching ruroni kenshin you think your godlike with any blade you have


#16

that doesn’t make sense. This was in every definition a case of bullying and how he retaliated with deadly force to avoid himself from getting bullied or beat up. He avoided a few bruises by stabbing the bully 12 times and killing him. Who’s the bigger victim now?


#17

he stabbed the guy 12 times…just saying you coulda taken up karate instead of running to pick up a knife.


#18

You get jumped by 3 people, we’ll see how long “Karate” lasts you.

The kid was scared and fighting for his life against 3 dudes bigger than he was, and you think fucking Karate is gonna help him out? He may have thought it was a kill or be killed situation (which it could have been), and he went with his survival instinct.


#19

Nigga stfu with that shit if it was 3 against 1 and you was in his shoes you would have stabbed too especially if your life was on the line too…dont try act like this nigga could have learned some martial art and he would have been good that shit only works in the movies thats real life.


#20

interesting you feel this way, because some of the best martial artists, mma fighters, etc. were bullied in the past but instead of going out and killing them they didn’t. They took up a form of martial arts and only used it to defend themselves otherwise they’d be no different than a bully. They’d be the very thing they despise. I can ring in some names if you want: Bruce Lee, Andrei Arlovski, Mike Tyson, etc. This only works in movies? You need to get stop playing games, because people have been doing this in real life for centuries. And don’t over dramatize it on his behalf. His life on the line? More like a few bruises were on the line. You ever get into a fight or jumped when you were a kid? You must have killed a LOT of people huh?

And that’s not even your only option.