COLLIER COUNTY, Fla -- A Collier County teen who stabbed a classmate to death will not face murder charges.
A judge ruled Jorge Saavedra acted in self-defense when he killed a classmate at a Golden Gate bus stop last year.
In an eight page written ruling, Collier County Judge Lauren Brodie says 15-year-old Jorge Saavedra "had more than enough reason to believe he was in danger of death or great bodily harm," when he stabbed his classmate, 16-year-old Dylan Nuno to death.
Saavedra's Defense Attorney Donald Day says, "there really are no winners out of this today. It's a tragedy all the way around. The Saavedra family feels terrible about the incident."
In the eight page ruling, Judge Brodie cites testimony given by more than a dozen teenage witnesses who saw the fight. She also referenced Saavedra's history of avoiding the school bus all together to stay out of harms way.
Attorney Donald Day says, "the facts were consistent. There was a group of boys harrassing Mr. Saavedra, repeatedly threatening Mr. Saavedra, on the day this incident happened, not one boy, but a group of boys had threatened physical violence."
Judge Brodie wrote even though Saavedra had a pocket knife and showed it to two other students riding the bus on the day of the stabbing, he avoided the fight repeatedly and "was attacked from the first punch from Nuno to the moment he used his knife in self-defense."
Defense Attorney Wibur Smith hopes the message this ruling sends is to stop bullying people.
When the state legislature passed the Stand Your Ground law more than five years ago, it was to make sure citizens, like Jorge Saavedra, could use deadly force if they felt their life was threatened.
"There's really a handful of cases that fit the criteria for this kind of situation and so I'm not sure you're going to see any real floodgate of litigation because it's going to be a real case specific, limited number of circumstances where you're going to be able to use this defense," Day said.
Day successfully argued Saavedra acted in self-defense, during his two day Stand Your Ground trial last month. He said the 15-year-old was bullied and tormented repeatedly and that on the day of the attack his life was threatened.
"We're hoping at the very least out of this incident, the schools will start taking a more affirmative step to try to stem the bullying and violence that goes on," Day said.
Neither attorney we spoke to think this sets a precedent to justify using deadly force when it comes to bullying in schools, but instead sends a message to school districts and bullies.
Wilbur Smith says, "don't attack people, don't be physically aggressive with people because that person has rights to use more force than you expect to be coming your way."
Day adds, "I think the way this case came out is going to drive that train a little faster, hopefully to where the school systems are going to take some more proactive steps."
The State Attorney's office says they will not appeal this ruling. As for Saavedra, it means he can no longer be prosecuted because he has full immunity.
We reached out to the Collier County School District and they said they would not comment until they have read the ruling.
My opinion: This is the only true way to stop/prevent bullying. I'm not saying every kid who is victimized should bring a knife to school and stab the bully, but the only way to stop a bully is to stand up to a bully like this kid did. He tried to avoid the fight but when the asshole bully wouldn't leave him alone he did what he had to do. Kudos to the kid and its good to see the judge agrees he acted within his rights to self-defence.
