Reprinted from CBS 4 News


Published November 20, 2009

A 13-year-old boy allegedly involved in a plot to kill his friend's mother was in juvenile court Friday morning to accept a plea deal.

The Nautilus middle school student pleaded no contest to one count of aggravated battery, which is a much lesser charge than the original which was attempted first-degree murder.

After undergoing intense psychological evaluation, the state determined the 13-year-old, who has been under house arrest, be placed on six years probation, receive psychological treatment twice a week for a year and he must stay away from the 15-year-old who police say was his accomplice in the plot to kill his 15-year-old friend's mother, Eliana Poveda.

It's a plea deal that his attorney is content with.

"All parties realized that it is more appropriate for this 13-year-old boy to be looking at the four walls of his psychologist's office, rather than the inside of a prison cell," said defense attorney Brian Bieber.

After the hearing, the teen walked out of the courthouse with his parents without saying a word, but his attorney says they are relieved knowing that their 13-year-old will be home.

"This is a classic case of a child's life being saved by the juvenile justice system," said Bieber.

There is another hearing scheduled for December 17th for his formal sentencing. Until then, he remains under house arrest with a nightly curfew of 8:00 p.m. and no contact whatsoever with Poveda or her son.

According to Miami Beach Police, the 13-year-old was recruited by the 15-year-old to help him kill his mother last September. The plan, according to police, was to slash Eliana Poveda's throat as she dropped her son off at his father's house on Miami Beach. The 13-year-old reportedly jumped out from behind some bushes and began stabbing Poveda with a steak knife until it broke on her collar bone.

Under the plan, investigators said the 15-year-old was supposed to jump in and finish the job himself, but he didn't do it, so the 13-year-old ran off. Police say both boys later made full confessions.

Police tell CBS 4 News weeks before the attack the 15-year-old and his mother had been arguing because he didn't like the school she was sending him to, the private Columbus High School in West Miami-Dade. Poveda's son told police he didn't fit in at the very exclusive all-boys school.

As for the 13-year-old's motives, the Arrest Affidavit said the 15-year-old told the middle school student he could join his club, "The Sons of Anarchy," if he helped kill his mother; the murder would be his initiation.