Kid stabs bully to death

[JOVE23]

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.



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.”



Staff reporter Jacob Carpenter contributed to this report.



© 2012 Naples Daily News. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.naplesnews.com/news/2012...stand-your-ground-defense-ca/?partner=popular



Discuss

 

[supraman]

I like it. Judge made a good call. the kid did everything he could to avoid confrontation. In the end he had no choice but to engage and fend off his attacker. His attacker just brought fists to a knife fight. As for the parents of the dead kid, you are what is wrong with this country. You have blinders on, you think your kid is a damn saint, well the evidence shown otherwise. It was a great example to kids and adults shows that self defense still matters.

 

[MassHavoc]

Sweet Jesus, I have no idea where to go with this, I agree, but fear what it could lead to. The kid could have just as easily been killed by the bully if he fell on a rock or something like that. I don't even know. I mean. He had a knife which means he either premeditated it or fears for his saftey that much. Would really need to hear the whole trial to form a real opinion but wow. I don't think anyone really wins here. Never really being in a knife fight I just don't know, but the 12 times stuck out to me for self defense?

 

[TSD]

I cant really fault the kid for fighting back, they really made it seem like this Nuno kid was on his ass 24/7.



kids ultimately reach breaking points with shit. The unbridled rage of taking shit from this kid for so long burst out with a blade, he probably couldn't stop himself if he wanted when the massacre began.





On the flip side, Most bullies probably regret their actions as youths once they enter adulthood and as children dont realize the effect they are having on someone when they bully them.



I dont know what I think of this really, I dont necessarily think being a high school bully warrants dying.

 

[bri]

I cant really fault the kid for fighting back, they really made it seem like this Nuno kid was on his ass 24/7.



kids ultimately reach breaking points with shit. The unbridled rage of taking shit from this kid for so long burst out with a blade, he probably couldn't stop himself if he wanted when the massacre began.





On the flip side, Most bullies probably regret their actions as youths once they enter adulthood and as children dont realize the effect they are having on someone when they bully them.



I dont know what I think of this really, I dont necessarily think being a high school bully warrants dying.

Is that because you were a bully? I thought you would be totally sympathetic to the defendant after the way your brother and dad bullied you.

It is a shame the bully had to die, but those same parents should have taken a little more interest in what their son was doing before all this happened.

 

[supraman]

I cant really fault the kid for fighting back, they really made it seem like this Nuno kid was on his ass 24/7.



kids ultimately reach breaking points with shit. The unbridled rage of taking shit from this kid for so long burst out with a blade, he probably couldn't stop himself if he wanted when the massacre began.





On the flip side, Most bullies probably regret their actions as youths once they enter adulthood and as children dont realize the effect they are having on someone when they bully them.



I dont know what I think of this really, I dont necessarily think being a high school bully warrants dying.

Yeah but the kid picked a fight. Bullying is one thing, but fighting a kid is another. If you intent physical harm on someone else you better be wary of the consequences.

 

[LordKOTL]

Sweet Jesus, I have no idea where to go with this, I agree, but fear what it could lead to. The kid could have just as easily been killed by the bully if he fell on a rock or something like that. I don't even know. I mean. He had a knife which means he either premeditated it or fears for his saftey that much. Would really need to hear the whole trial to form a real opinion but wow. I don't think anyone really wins here. Never really being in a knife fight I just don't know, but the 12 times stuck out to me for self defense?

Nothing mentioned which of the 12 wounds caused the assainlt to stop attacking, and really, in the heat of the moment, if he really felt his life was threatened, the moment he would have no longer felt compelled to defend himself is when his assailant was on the ground.



IMHO clean cut case of self-defense. Last I checked there was no law against a 14 year old carrying a pocket knife. While I don't think being a high school bully should be a death sentence, I think that any time you assault someone else, death is a possible consequence. The bully should have thought of that before punching the kid in the back of the head.

 

[BigPete]

Justice served. Too bad that Nuno thought being an asshole was cool. He might still be alive.

 

[BigPete]

On the flip side, Most bullies probably regret their actions as youths once they enter adulthood and as children dont realize the effect they are having on someone when they bully them.

You have to admit, that's a HUGE assumption. It takes a lot for someone to mature and realize they are a fucking douchebag. Life isn't a happy sappy commedrama.

 

[howcho]

The problem with bullying is that there is SO MUCH lip service but it stops there. Kids continue to get bullied and very little is done about it.



There is a case in BC right now where a father had gone to the school repeatedly to ask for some resolution to his son being bullied. The school gave the usual lip service and also refused to mediate a meeting of the parents.



The bullying continued and one day the father pulled up in the driveway as the group of teens was hounding his kid. The father pushed one of the aggressors and is now facing a law suit as well as being given a criminal record.



The only time the cops got involved (previously requested by the father) was to come and arrest the Dad.



It sucks.

 

[supraman]

The problem with bullying is that there is SO MUCH lip service but it stops there. Kids continue to get bullied and very little is done about it.



There is a case in BC right now where a father had gone to the school repeatedly to ask for some resolution to his son being bullied. The school gave the usual lip service and also refused to mediate a meeting of the parents.



The bullying continued and one day the father pulled up in the driveway as the group of teens was hounding his kid. The father pushed one of the aggressors and is now facing a law suit as well as being given a criminal record.



The only time the cops got involved (previously requested by the father) was to come and arrest the Dad.



It sucks.

See the dad should have killed the bullies and hid the bodies

 

[Bringmepie]

Sweet Jesus, I have no idea where to go with this, I agree, but fear what it could lead to. The kid could have just as easily been killed by the bully if he fell on a rock or something like that. I don't even know. I mean. He had a knife which means he either premeditated it or fears for his saftey that much. Would really need to hear the whole trial to form a real opinion but wow. I don't think anyone really wins here. Never really being in a knife fight I just don't know, but the 12 times stuck out to me for self defense?

Ditto, it sounds like a shitty circumstance all around and theres much that we can only guess at from the one article and not being at the trials. Nuno was two grades older and very possibly bigger for the other kid to feel he had to skip classes or have a knife in the first place. If Nuno was bullied himself when he was younger he sure learned the wrong lesson, treat others like you'd like to be treated yourself not some law of the jungle that it's your turn now to beat the crap out of someone younger and weaker than you.

 

[BlackHawkPaul]

You have to admit, that's a HUGE assumption. It takes a lot for someone to mature and realize they are a fucking douchebag. Life isn't a happy sappy commedrama.

This.

I would argue the against what TSD said. There was a bully in our high school that became a cop (oh joy!). Luckily, he was busted, and is currently serving time in prison for abusing his power.



Some people grow up.

Most don't.

 

[jaxhawksfan]

1. Sounds like the storyline from the film "Bully." 2. Many of you have military/war training so you may not experience this phenomena.......but most average folks when confronted with a fight or flight situation aren't couting stabs or shots. Your involuntary reaction is to keep doing whatever you are doing (stabbing with a knife or shooting a gun) until you no longer feel threatened. This is the reason why I never pay attention to "shot 13 times" or "stabbed 12 times" in media sensationalism.

 

[BigPete]

This.

I would argue the against what TSD said. There was a bully in our high school that became a cop (oh joy!). Luckily, he was busted, and is currently serving time in prison for abusing his power.



Some people grow up.

Most don't.

Exactly. If someone behaves the same way for the first 15-20 years of their life it is going to take some MAJOR rewiring for them to change significantly.



While a 15 year old may be making immature decisions born from inexperience and lack of reflection, those decisions are cementing patterns of acceptable behavior in their brains.

 

[BigPete]

1. Sounds like the storyline from the film "Bully." 2. Many of you have military/war training so you may not experience this phenomena.......but most average folks when confronted with a fight or flight situation aren't couting stabs or shots. Your involuntary reaction is to keep doing whatever you are doing (stabbing with a knife or shooting a gun) until you no longer feel threatened. This is the reason why I never pay attention to "shot 13 times" or "stabbed 12 times" in media sensationalism.

I'm a veteran and I'll be the first to tell you that I am not going to stop until the threat is eliminated. To me, that means D-E-A-D.

 

[TSD]

Is that because you were a bully? I thought you would be totally sympathetic to the defendant after the way your brother and dad bullied you.

It is a shame the bully had to die, but those same parents should have taken a little more interest in what their son was doing before all this happened.

Hardly I was a total geek in highschool I didnt get bullied probably only because I was one of those people that had a friend from like every crowd. I understand how people change as adults I think most people that were bullies when they grow up realize what dicks they were.

 

[TSD]

This.

I would argue the against what TSD said. There was a bully in our high school that became a cop (oh joy!). Luckily, he was busted, and is currently serving time in prison for abusing his power.



Some people grow up.

Most don't.

Im for giving some people the benefit of the doubt. I knew who bullied other kids in highschool and I know one of em grew up to be a total teddy bear (and ***, maybe he was expressing closeted *** rage or something)

 

[Shantz My Pants]

I don't like the fact that the kid showed people on the bus the pocket knife, that to me seems a little odd. Regardless, if the kid was punched in the back of the head, I can understand the reason for self defense, but the pocket knife i think is extreme, but that's my outlook. I would rather just fight fire with fire and fight back.



I got shit in grade school and high school and it typically ended when the aggressor realizing that I would eventually fight back verbally and or physically. I only met them at their level; never raising the bar.



It doesn't say, but the parents are the ones who raise their child and his behavior is a direct reflection of themselves. If the kid is an asshole (most bullies are) then he probably learned it from an adult (father, older brother/cousin/whatever) or just gets away with it at home.

 

[LordKOTL]

1st off: think all of us can agree that no one really wins.



2nd, the only thing that gives me any pause is the fact that yeah, he showed off the pocket knife, but then again, wat 14 year old wouldn't? Also--consider us as adults for a minute: Someone breaks into your home and your usual weapon is not avaliable (i.e. your favorite shotgun is in a gun locker). You see the invader and the guy could fold you in half a few times...what do you use? The nearest weapon avaliable to tilt the odds in your favor. It sounds like the bully was definitly bigger and stronger than the victim, so in the heat of the moment and given the past (as we've been given), yeah, a pocket knife makes sense. In self-defense, there's no such thing as fighting fair. If you're the size of Brian Gionta and you're staring down someone Zdeno Chara's size, you dispense with the fair fight bullshit and dispense some aluminum bat justice.



3rd: yeah, it sounds like the bully was bullied and continued in the process to make up for his lack of self-esteem. Home issues?



And lastly, if there is one thing to blame for the bullying epidemic, IMHO it is these bullshit zero-tolerance policies schools adopt (and some parents). Thus, most "normal" kids are so afraid of getting in trouble or getting a suspension for defending themselves because the schools not only can't police the violence (and never will), but are unwilling to disseminate the difference between a fight and someone being bullied and defending themselves. As such, situations like these get quickly out of hand.