Prosecutors won't appeal ruling to throw out boy's statements

13-year-old accused of killing 2-year-old half brother

Published On: Sep 18 2012 06:24:08 PM EDT
JACKSONVILLE, Fla. -

Another legal victory for Cristian Fernandez' defense team came down Tuesday.

The state attorney's office has decided not to appeal the ruling by Judge Mallory Cooper that threw out the statements Fernandez gave to Jacksonville police in both his murder and sexual assault cases.

The judge ruled the 13-year-old did not understand his Miranda rights and did not understand the consequences when he waived them.

This notice the state attorney's office filed with the 1st District Court of Appeals reads: "After a thorough review of the thirteen volume record on appeal, researching the issues involved, and discussion between the State Attorney's Office and Attorney General's Office, both the State Attorney's Office and the Attorney General's Office have concluded that this appeal should be dismissed."

The next court hearing for Fernandez is Sept. 28, when new trial dates could be set.

Fernandez is accusing in the beating death of his 2-year-old half brother, David Galarriago, and of sexually abusing a 5-year-old half brother.