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Bully Gets Stabbed Dead, Victim Protected By 'Stand Your Ground La


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To me this is pretty clear cut, it doesn't matter if you're a juvenile, you have the same Rights under Law/Constitution.

He was singled out, verbally assaulted with the threat of the fight, he tried to avoid it, was assaulted & battered, potential disparity of force... He legally defended his person.

 

Of course the deceased was a good kid, not a bully, didn't deserve to be murdered... Yada Yada Yada... Cry me a river.

 

http://www.fark.com/cgi/go.pl?i=6857884&s=1

 

Naples Daily News

 

 

 

Collier judge upholds 'Stand Your Ground' stabbing death defense in teen's bus stop bullying

  • By VICTORIA MACCHI
  • Posted January 3, 2012 at 2:05 p.m., updated January 3, 2012 at 9:10 p.m.

 

110125NS-Nuno,_Dylan1_t160.jpg

Dylan Nuno

 

1420111231075915003_t160.JPG

Jorge Saavedra

 

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.”

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So is it a "Bitch move" to use your legal concealed weapon (Pistol) against an attacker Who attacks YOU from behind while you are maybe walking home at night?? Fuck that shit! If someone attacks me

To me this is pretty clear cut, it doesn't matter if you're a juvenile, you have the same Rights under Law/Constitution. He was singled out, verbally assaulted with the threat of the fight, he tried

Apparently the judge thought it was justified, and I'd imagine that she wasn't there either. But way to blame the victim for his response to threats and violence from a kid two years older than him!

Looks like the bad guys are getting there asses handed to them. A lot of stories lately about people defending themselves and bad guys getting killed. That boy was 16 punking on a 14yr old. That 14yr old did what he had to. The 16yr old did'nt look so cool in front of his friends that day I guess

Edited by rnemhrd
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Interesting choice of pictures for the story. The one who had been the bully looks all dapper and the one who defended himself is seen looking like a gang member. Just looking at the pictures and title I thought it was the other way around until I read the article.

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Good lesson for all the bullies out there. This story should be part of the school curriculum from now on. If you don't want to stop bullying because it's the right thing to do, then you might want to think about stopping it because you could get your ass knifed to death.

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Interesting choice of pictures for the story. The one who had been the bully looks all dapper and the one who defended himself is seen looking like a gang member. Just looking at the pictures and title I thought it was the other way around until I read the article.

Of course, the 'gang member' was the Defendant. He must appear guilty in the media.[/sarcasm]

 

It's an absolute fucking shame that a kid died. No irony, no sarcasm. A fucking 14-yo kid is going to have to live with the fact the he felt a dude's heartbeat on his knife for the rest of his life.

 

Where the hell were the parents and teachers who's job it is to defuse this crap before people start packing weapons to school to protect themselves from bullies?

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Have you guys read some of the comments below that article? A nice chunk of folks on there think the kid got away with flat-out murder, including some nut who is shocked that the 14-year old actually began arming himself in the face of a mounting threat, and that by doing so, the kid apparently turns from victim to premeditating murderer.

 

Apparently, we are all supposed to be beaten/raped/murdered.

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It's a terrible tragedy that a 16 year old lost his life.

 

However, it sounds like he had been bullying the defendant for some time, and despite the 14 year old's best efforts, he could not avoid him.

 

I do like that the judge reinforced Florida's 'Stand your Ground' law. Where other states are trying to limit a person's right to defend themselves, Florida is securing it.

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Another picture of the bully. Not really in his sunday best anymore.

 

 

 

168161_185035568183702_185015268185732_538170_4988040_n.jpg

 

 

This situation is terrible, absolutely so. That said, the actions of the aggressor are what sealed his fate. He was more than old enough to know right from wrong.

Edited by JamesLi
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That could have been any one of us when we were kids...(if they had buses when we were kids!)

The judge was right. He defended himself. Bullies need put in their place. Hopefully they'll leave the kid alone now that it's over.

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Fuck yeah. Is it sad? Sure.

 

Is it anywhere near as sad as it had been if this kid had gotten time for defending himself against a mob? Fuck no,

it isn't. That shit got what he earned.

 

The longer I live away from my home state of Florida due to school then and work now, the more I want to move back.

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It's sad that the other kid died as a result of this, but he did pick the fight. Punching someone in the back of the head is a bitch move, if you're going to bully someone and pick a fight with them you should at least have the balls to punch them in the face. Sounds like the kid getting bullied did everything he could to avoid a fight too and got forced into a situation where he had no choice but to defend himself.

 

I bet no one at that school fucks with this kid again.

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I guess the deceased never heard this one:

 

If you play with fire, you might get burned...

 

My heart goes out to the famlies, and especially for the 14 yr-old who defended himself. Hopefully this story will give at least one would-be bully douchebag pause, before he decides to pick on a weaker kid.

2c.gif

 

Where the hell were the parents and teachers who's job it is to defuse this crap before people start packing weapons to school to protect themselves from bullies?

 

haha.gif i wouldn't trust a modern school teacher to wipe my ass let alone diffuse situations like this

 

Agreed. Many of the ones at my son's middle school could f**k up a cup of coffee.

Edited by Kevin in Texas
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Shitty situation all around. One young life gone, and another one forever effected by having to take someone's life.

 

I agree with the judge that the victim was 100% within his rights. Still sucks that a kid is dead though.

 

If someone breaks into my house tonight and I dust his ass, are you going to say the same thing about him? Same law applies.

ETA: To mean you saying "still sucks that a kid is dead"?

Edited by MT Predator
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Having been both the Bully and the Bullied, I learned one simple lesson real quick via a bloody nose.

 

"Don't hit someone, with out expecting to get hit(knifed, shot, etc) back."

 

Sad to loose a life, but we all have to live with the consiquences of our actions.

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Reap what you sow, but expect worse.

 

I was bullied throughout school until each time I kicked the shit out of the kids.

 

Please tell me this is normal.......

 

That was 25 years ago and now I have my own 16 yr. old. Same advice.

 

We all have a breaking point.

 

Self defense is primitive and knows no age limit.

 

 

 

 

 

 

 

 

The crowd inspires the fighting.

 

 

Convict anyone who witnesses the event as an "accessory" and the "social ladder effect" will disappear. But it couldn't be that easy....

Edited by Sim_Player
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Where the hell were the parents and teachers who's job it is to defuse this crap before people start packing weapons to school to protect themselves from bullies?

 

haha.gif i wouldn't trust a modern school teacher to wipe my ass let alone diffuse situations like this

 

Sadly, neither would I. But the state has declared that it is part of the teacher's job to do just that. Hell, the teachers were doing that back when I was in school.

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Where the hell were the parents and teachers who's job it is to defuse this crap before people start packing weapons to school to protect themselves from bullies?

 

haha.gif i wouldn't trust a modern school teacher to wipe my ass let alone diffuse situations like this

 

Sadly, neither would I. But the state has declared that it is part of the teacher's job to do just that. Hell, the teachers were doing that back when I was in school.

 

The teachers in my school years didn't stop bullying/fights. (70s) They ignored them. Giving a solid ass kicking was the only thing that worked. I took a knife to a kid in HS for the same thing. It stopped without a cut. Funny how a bully's "courage" evaporates when the victim can defend himself.

Edited by patriot
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Shitty situation all around. One young life gone, and another one forever effected by having to take someone's life.

 

I agree with the judge that the victim was 100% within his rights. Still sucks that a kid is dead though.

 

If someone breaks into my house tonight and I dust his ass, are you going to say the same thing about him? Same law applies.

ETA: To mean you saying "still sucks that a kid is dead"?

 

Might be the same law that applies, but it's a completely different situation, IMO. School-kids fighting vs. B&E.

 

I'm headed out the door right now, so I'll leave it at that. I get the feeling you're going to try and turn my words into something other than what they meant, from reading your post. So have at it.

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Where the hell were the parents and teachers who's job it is to defuse this crap before people start packing weapons to school to protect themselves from bullies?

 

haha.gif i wouldn't trust a modern school teacher to wipe my ass let alone diffuse situations like this

 

Sadly, neither would I. But the state has declared that it is part of the teacher's job to do just that. Hell, the teachers were doing that back when I was in school.

 

The teachers in my school years didn't stop bullying/fights. (70s) They ignored them. Giving a solid ass kicking was the only thing that worked. I took a knife to a kid in HS for the same thing. It stopped without a cut. Funny how a bully's "courage" evaporates when the victim can defend himself.

 

 

In my junior-senior yeasr(mid 80s), I was the school guardian. I didn't give a rats as what dumbshit you were doing, you DON'T do it on my school grounds. I actually got called out of class to break up fights in the halls, by teachers and the principle. As long as I didn't draw blood, no one complained and most fights went off campus quick.

 

Sadly, most the teachers were afraid of getting involved due to the chance of getting hurt or sued.

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Good turn of events. My daughter got bullied by the same girl from the age of 5 till she was 9 and they didnt have a class together. The school wouldnt do shit about it. It wasnt physical but some times mental is just as bad. Hope some of those bullies see the writing on the wall. To many kids killing themselves because of bullies. Looks like a bunch of jack asses he was related to must have comented on the story

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