Kid stabs bully to death. Gets off with no charges

[GreenKirby]

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 against Jorge 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.

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

I'm okay with this. Other than bringing a weapon onto school grounds, he really did nothing wrong and actually tried to avoid a confrontation. Also, he attacked from the back of his head, so he was obviously panicking.

 

[Jim Morrison]

The thing that's wrong with this is that he didn't plea for insanity because he stabbed 12 times which sounds like he was a blind frenzy of rage which sounds legit.

Still, you shouldn't be able to murder a bully who is a minor and hits you in the back of your head out of self defense. See if it's a burglar with a weapon or whatever, that's the risk they are taking but being a bully should not result in death and letting your victim get away with it.

 

[Grandeza]

I agree with the decision The kid got off the bus early and tried to get away. I mean I don't think the bully deserved to die, but the freshman was defending himself.

 

[Pluvia]

Eh well he should've been charged with something at least. Like carrying a weapon or something.

 

[theeboredone]

This is such a tough case. From the classes I've taken on Adolescent Development, bullying is generally caused because of what the bully is/has experienced in the household, leading to acting differently and not belonging in school (which is meant to be safe and fun environment), and then other students get hurt from it.

I don't know the specifics of this case, but I do hope they took a hard look at the bully's parents as well and how he was raised. And I'm also surprised that if a kid was being bullied to the point he had to bring a knife, the teachers never did anything about it in prior situations.

 

[Pluvia]

Sorry to break it to you but you're kidding yourself if you think they'll look at his parents.

 

[Ice Prince]

I guess that'll teach you to bully somebody.

Not all victims will just stand by and let you continue to do so. They do take action every once in awhile, and this is a prime example. I do feel bad for the Nuno family, but not for the outcome. That's what you get for being an ignorant bully like that.

 

[Mini Mic]

I guess that'll teach you to bully somebody.

How does killing someone teach them anything? You can't correct mistakes if you're dead.

 

[Ice Prince]

It's a general statement.

This guy was, by the accounts, just a prick. I wouldn't choose anyone to die over something like that, but this kid was trying to get away. This Nuno guy was probably going to beat the crap out of him. He defended himself, point blank period.

In school, I was fortunate enough to not be bullied--but I saw plenty of kids who got tormented. When I say tormented, I mean downright tormented to the point that I was surprised they didn't bring a gun to school and just unload on the place.

It's a sad outcome for the family of the Nuno kid, but at the same time, you've got to understand where this Saavedra kid came from. He probably didn't intend to kill him, but his rage kicked in and it just happened. Hate breeds hate, and in an unlikely turn of events, the victim prevailed in this case. He was a freshman--he was probably scared to even go to school for fear of getting the snot kicked out of him everyday.

As far as I can see, this Nuno kid was the unfortunate individual of what I call karma. Not everyone is going to just take a bully session every day. If you get retaliated against, as the bully, you need to be ready for whatever the victim has in store for you if you want to act all big and bad.

 

[BBQTV]

i dont think he'll ever be the same again

 

[theeboredone]

Sorry to break it to you but you're kidding yourself if you think they'll look at his parents.

I never said if his parents should receive any sort of punishment, but studies do show that bullies tend to be treated not as well by their parents, which then reflects what they end up doing in school. Sadly, it's a issue that hardly gets looked into by school staff or the law.

 

[Battlecow]

I honestly can't judge based on the given information. It seems like a complete ****ing tragedy though, whatever the circumstances.

 

[z00ted]

This is really sad...

So young.

 

[Shorts]

How dreadful. "I'll avoid a beat down by stabbing you to death. Could I have stabbed you in the arm or leg or sliced at your skin? Yes. But a fatal wound seems more appropriot."

I mean, I'm all for self defense but **** kid, way to make self defense look bad.

 

[Spelt]

Because this one case obviously automatically turns the definition of self defense into murder.

 

[Dre89]

Well this does set a precedent for what's considered self-defence.

I think the kid should at least get charged for manslaughter or a passion murder.

It's no longer self defence after the first couple of stabs because after those the bully would have been incapacitated. I'd imagine that for the later stabs the bully was probably on the ground, kneeling down, or in some other completely comprimised position.

To me it's kinda like shooting someone in the leg in self-defence, and when they're on the ground incapacitated, putting a bullet through their head. The second act clearly isn't self defence.

However, it was probably just a moment of rage (I don't know enough to say for sure), so it should have at least been considered as manslaughter or a passion murder.

I wonder how the killer feels about it now.

 

[Teran]

What a legend, the killer that is.

Lol @ bully's family being all wah wah, they should understand this was only a result of their son's continued abusive actions. Sure death is massively extreme, but being a massive **** does have consequences, especially if you target and victimise.

I've never like people who take specific victims purely for the sake of them feeling a sense of greater self worth, antagonism should only be displayed to an equal level thread or towards one who challenges you first.

Now let's give children knives and dump them on a desert island.

 

[ArcNatural]

Well this does set a precedent for what's considered self-defence.

I think the kid should at least get charged for manslaughter or a passion murder.

It's no longer self defence after the first couple of stabs because after those the bully would have been incapacitated. I'd imagine that for the later stabs the bully was probably on the ground, kneeling down, or in some other completely comprimised position.

To me it's kinda like shooting someone in the leg in self-defence, and when they're on the ground incapacitated, putting a bullet through their head. The second act clearly isn't self defence.

However, it was probably just a moment of rage (I don't know enough to say for sure), so it should have at least been considered as manslaughter or a passion murder.

I wonder how the killer feels about it now.

This is wrong. Your 12 years old, do you really know when someone is officially down? Who knows what would of happened if he tried to just like stab him in the leg, but missed a critical area and the bully just beats the crap out of him.

There is a reason why when you shoot in self-defense your trained to shoot to kill. Shooting to "incapacitate" is just too risky, especially if they also happen to have a weapon on them.

I suppose you can make a case that the bully was unarmed (which you can't know at the time as the victim), but it's still a risk of trying to wound (which maybe stops them) or killing them (definitely stops them), then when the bully heals he gets even. Sure you can say switch schools or move but your kidding yourself if whole families can just pick up and leave the area they work in.

The situation sucks because they were so young, but not the outcome in terms of a self-defense standpoint. You don't see someone that was shot 5 times and think "well the first shot definitely killed them, this is a passion crime". When your in fear/panic mode fight or flight takes over. This kid fought and made sure the bully couldn't retaliate period.

 

[Juushichi]

The kid was 14 at the time.

On one hand I can understand how the kid probably got too into things, reacted and probably kept attacking in the haze (and maybe fear when you + a weapon) and when it came out he had stabbed the other guy 14 times. I remember being in a similar situation in middle where I'd been bullied and decided to fight the kid and during the fight I don't really remember having cognizant mental control.

One the other, even if it was (probably) accidental... I don't quite think that he should have gotten off without charges, some sort of anger-management or something. Someone might say "well now he has the knowledge that he's now a murderer" or some **** similar, but I'm sure the kid really needs some counseling or something. Whatever the reason, he killed someone and he need to be able/learn to work through that.

It would be stupid to just leave the kid alone.

 

[etecoon]

Terrible that anyone had to die, but I can't fault the judge for dismissing it. He got sucker punched in the back of the head and still tried to get away even after that, people shouldn't be prosecuted for defending themselves when they've exhausted other reasonable options. 12 times was excessive but I'd wager the people criticizing it wouldn't be so calm themselves if they got surprise attacked in a spot that can easily lead to concussions, coma, spinal injuries etc.

The kids father is also predictably trashy "If my son had a gun, he would be alive today". Yes, if only he had had a gun that terrible kid that he sucker punched in the back of the head and tried to escape would be dead instead of your poor innocent baby that didn't provoke anything at all, that would be preferable. It's a shame that the parents of the bully won't be investigated because they're probably the most responsible, kids like that almost always come from bad families.

 

[BBQTV]

i wonder what school he goes to cause i live in miami too

 

[FoxBlaze71]

One thrust is in self-defense. Not twelve. But It's understandable, since it sounds like Nuno was ready to beat the **** out of him.

Still, there should be some charges. At least possesion of a weapon on school grounds or something. (Since he showed his friends the knife ahead of time).

 

[Jim Morrison]

Loool, imagine the rest of the life this kid who stabbed him will have. Everyone at school will think he's some autistic looney who can't control his rage and will kill you if you talk to him (I think it too) and I don't think it'll go unrecorded that he killed someone at 14

Thug life as ****.

 

[BBQTV]

i was thinking the same thing too

his reputation will be infamous

 

[GunmasterLombardi]

He should've been put under arrest.

This was not self-defense. I assume that some people here were bullied in school so they're sucking up to this kid even though he ****ing killed someone.

@Jim Morrison, at least he still suffers for what he did.

 

[Spelt]

This was not self-defense.

Now let's give children knives and dump them on a desert island.

And the last one standing becomes RULER OF THE WORLD.

 

[Jim Morrison]

No, we'll get two groups symbolizing civilization and the savagery of men and the savage group slowly gains control and they'll find hedonic symbols to keep their savagery strong and grounded and in the end it becomes so important to kill the last child who is still civilized that they burn down the complete island.

 

[GunmasterLombardi]

In To Kill a Mocking Bird, a black man tries to escape from prison. Rather than being shot once to prevent escape, he's shot fifteen times and killed...

You guys think that's...ok? If so you're as weak as Spelt's trolling.

 

[Pluvia]

He wasn't attacking anyone in that situation, it's completely different.

Wasn't it a small knife? As bad as it is the kid probably just rapid fire stabbed. I can thrust and pull back my arm 12 times in about 4 seconds, so it was most likely not the slow repeated stabs I think you're imagining.

The kid obviously knew about the fight beforehand and tried to avoid it and was attacked from behind, and in his mindless fear he lashed out at his attacker and won. While I think he should've been charged with carrying a weapon and maybe a suspended manslaughter charge, I still feel as though he wasn't in the wrong.

 

[Shorts]

I still don't see how you can get away FREE with stabbing someone twelve times. You think after the first bloody scream you would realize "Oh yeah, I'm killing him?"

I mean, it feels silly for him to get off. But whatvever. The kid's probably ****ed up for life now anyways.

Weirdo.

 

[Grandeza]

He was defending himself. He probably was scared for his safety and went into a rage mode which is why he stabbed him 12 times. Being bullied sucks.

 

[MikeKirby]

It was either this, or the bullied one hanging himself.
Iunno, it's a hard call.

 

[Spelt]

If so you're as weak as Spelt's trolling.

Oh snap, if only I was actually trolling.

Unfortunately your post (at least the part that I quoted) was just ridiculous.

 

[Claire Diviner]

I gotta say my feelings are mixed on this one. On one hand, the kid was bullied and tried to avoid confrontations, but the bully kept wanting to be an ***hole, and thus got what was coming to him. On the other hand, to kill a bully is rather over-excessive. He should've at least fist-fought the kid and gain respect from other people for standing up for himself that way, than to potentially be feared for being a cold-blooded murderer who got away with no penalties.

Being a kid was so complicated back then... especially in high school.

 

[Jim Morrison]

Lmfaooo and then I see one video of the bully and don't feel sorry for him at all suddenly.

http://www.youtube.com/watch?v=IoXeMcCF3QA

 

[etecoon]

It was either this, or the bullied one hanging himself.
Iunno, it's a hard call.

This doesn't necessarily happen but he could have been seriously injured or killed himself in this incident regardless, there's a reason blows to the back of the head like that are strictly illegal even in almost all combat sports. He reported feeling light headed before he finally stopped trying to get away and pulled the knife, that itself is a sign that the line was already crossed.

 

[NTA]

Walking away doesn't usually help. Ii don't know why CN tells them to walk away or get an adult >_>

Good move imo. Should've done fewer stabs :/

 

[Master Xanthan]

Hard to say if the kid deserves punishment. If the bully was unarmed then the kid should've stopped after the first stab. The problem is the it is unknown if the bully was actually armed.

 

[JTB]

The problem is no one knows the true context of the fight and are drawing their own conclusions from it.

But the bully's parents are straight up trash, that's for sure.

 

[Pikawil]

Footage of the death of Dylan Nuno!

http://www.youtube.com/watch?v=00mKxsHzfkw