Prosecutors have decided not to persue sexual battery charge facing Jacksonville teen Cristian Fernandez, who is also charged for the murder of his two year-old half brother.
The State Attorney's Office says there is insufficient physical evidence to support the charge. There was also concern about the "potential emotional trauma" the victim could suffer if required to testify in the trial, as well as the timeline of the victim's story.
The victim, Fernandez's five year-old half brother, provided the Child Protection Team with a "credible history of sexual abuse" by Fernandez in June 2011, according to the State Attorney's Office. But there was an "arguable denial" of the sexual abuse allegations by the victim to CPT in March of 2011.
In an interview with police, Fernandez admitted to committing the acts, but that confession has since been suppressed (see related articles on the left).
Fernandez will still go to trial next year for the murder charge.