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News: Kid stabs bully to death with knife and gets away with it
Member Since: 11/5/2009
Posts: 8,096
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Kid stabs bully to death with knife and gets away with it
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Collier judge upholds 'Stand Your Ground' stabbing death defense in teen's bus stop bullying
 
Dylan Nuno (Bully), left, Jorge Saavedra (Victim), right
NAPLES, FL — 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.”
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Do you agree with the judges decision? One word: Karma.
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Member Since: 11/15/2011
Posts: 13,901
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it was sort of like a self defense but stabbing and killing a person is much much more of a different thing 
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Member Since: 6/21/2011
Posts: 735
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Don't even know what to say.
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Member Since: 10/1/2011
Posts: 53,790
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It stopped being self-defense after the first stab IMO.
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Member Since: 11/5/2009
Posts: 8,096
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Quote:
Originally posted by cheers09
it was sort of like a self defense but stabbing and killing a person is much much more of a different thing |
The victim got off the bus a couple of stops early where the fight destination was suppose to happen. Obviously the poor man didn't want to fight. The bully even brought a friend over to help fight him.
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Member Since: 11/15/2011
Posts: 13,901
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Quote:
Originally posted by Feather
The victim got off the bus a couple of stops early where the fight destination was suppose to happen. Obviously the poor man didn't want to fight. The bully even brought a friend over to help fight him.
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I know. it's wrong to bully other people but it's also wrong to kill them
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Member Since: 10/22/2010
Posts: 5,215
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12 times!!!!!!!! I think bullying is wrong but this is more than that. There's should still be punishment for a kid to carry a knife and do something like that
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Member Since: 11/5/2009
Posts: 8,096
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Quote:
Originally posted by cheers09
I know. it's wrong to bully other people but it's also wrong to kill them |
One less bully in the world. 
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Member Since: 6/15/2011
Posts: 41,028
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Well...this is awkward - if he didn't get away with it some people would say "he was just deffending himself, the law is unfair, the bully brought it on himself".
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Member Since: 11/15/2009
Posts: 16,903
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I'm really conflicted about this  I mean, it's wrong to bully, but it's also wrong to kill. Why does everything have to be so extreme?
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Member Since: 3/3/2011
Posts: 2,975
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I can't comment on the Judiciary aspect because I don't know how severe the "bullying" was. I admire the kid for his bravery, but 12 stabs? That's freaking psycho no matter what. The kid should still be put under rehabilitation to ensure that he understands the gravity of the situation.
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Member Since: 3/30/2011
Posts: 33,325
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I'm sure the kid who stabbed the other was just tired of the bully bullying him and finally snapped.
But still, that's horrible.
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Member Since: 8/29/2011
Posts: 15,167
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Member Since: 12/31/2010
Posts: 26,257
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I uh... don't know what to say about it. I think the kid should've just shown the knife and try to scare him. I don't agree with this ruling at all. I think a reduced sentence would've been in line, cause defending yourself is on thing... killing someone who wanted to fight you is a WAAAY different one.
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Member Since: 5/18/2010
Posts: 3,104
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You reap what you sow. It's sad but that's life.
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Member Since: 3/3/2011
Posts: 2,975
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Quote:
Originally posted by Bentley
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But no one deserves to be a victim of prejudice.
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Member Since: 11/27/2008
Posts: 78,826
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12 stabs seems to be a bit more like a crime of passion, but I do admit that he did this in self-defense. I have enemies too, and sometimes there are people that we despise so much that we just want to physically destroy them. I know one person that I would want to physically destroy, but I wouldn't.
I think the guy wanted to physically destroy the bully after all the torture, though he didn't want to. But it was the bully that started the fight so ultimately in the heat of the moment the killer just went all out to protect himself but also unleash all the pain and suffering he got.
I think honestly, the court made the right decision.
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Member Since: 8/29/2011
Posts: 15,167
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Quote:
Originally posted by Dei
But no one deserves to be a victim of prejudice.
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Ok, but that can be resolved.
A person CANNOT be brought back from the dead.
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Member Since: 11/17/2011
Posts: 32,412
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Quote:
Originally posted by Dei
I can't comment on the Judiciary aspect because I don't know how severe the "bullying" was. I admire the kid for his bravery, but 12 stabs? That's freaking psycho no matter what. The kid should still be put under rehabilitation to ensure that he understands the gravity of the situation. |
I wouldn't say it's psycho. It's not like he did it while the guy was sleeping. He probably was scared and snapped because he had enough. And yes I agree rehabilitation would be a good thing.
Also I think the people need to realize that even if it was ONE stab it's still wrong. You can't just say. Oh I can understand ONE stab but TWELVE!? No it doesn't work that way. Whether he stabbed him once or fifty times is not the point. The point is that he felt the need to defend himself to such extremes because he was pushed to his breaking point.
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Member Since: 9/21/2010
Posts: 29,122
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Bullying is horrible.. but what the kid did was worst. If the child was being bullied he should have reported it to the authorities. And even if he stabbed him. Got damn don't do it 12 times. Stab him somewhere good and run 
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