September 23, 2023 • 29 mins
On May 9, 2021, Mother's Day, 13-year-old Tristyn Bailey was reported missing from her St. Johns, Florida home. Her 14-year-old classmate and neighbor Aiden Fucci was arrested for her stabbing death, and after more than two years, he's been sentenced for her murder.
Visit The Tristyn Bailey Memorial Fund at tristynbailey.com
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Resonate Recordings
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Visit The Tristyn Bailey Memorial Fund at tristynbailey.com
Music:
Resonate Recordings
For sources, visit: https://murderousminors.onpodium.co/episodes/140-justice-for-tristyn-the-sentencing-of-aiden-fucci-001
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:09):
Just so you know, this showis built scary stock. So don't say
I didn't warn you, guys.I remember, don't be scared. Episode
(00:41):
one forty Justice for Tristan, thesentencing of Aidan Fucci. War Baby Here
with another episode of Murderous Miners.Hey, guys, let me start by
saying welcome back, and then sayit's been a staggering six hundred and thirty
six days since abel Acosta went onthe run. His whereabouts remain unknown.
(01:03):
This week we will be closing thebooks on Aidan Fuci, who was arrested
and charged in May two thousand andtwenty one with the vicious Mother's Day stabbing
death of thirteen year old Tristan Baileyof Saint John's, Florida. As you'll
recall from our previous coverage, aroundnine am on May ninth, Mother's Day
(01:23):
two thousand and twenty one, Tristanwas discovered to be missing from her bedroom.
Her older brother, who was stayingovernight at the family home to celebrate
the holiday, went to wake herto help with their mother's special breakfast,
only to find an empty bedroom.The competitive cheerleader and youngest of five siblings
(01:44):
love spending time with her friends andfamily, going to Starbucks with her oldest
sister and dancing on TikTok. Afrantic search of her Saint John's Florida neighborhood
ultimately led to the discovery of herbody. The Patriot Oaks Academy seventh grader
had been viciously stabbed one hundred andfourteen times and left in a pond at
(02:04):
the end of one of the streetsin their neighborhood. Her family, who
lovingly referred to themselves as the BaileySeven, remained shattered. February sixth,
two and twenty three, marked whatwas supposed to be the start of the
capital murder trial of now sixteen yearold Aidan Fuji, age fourteen at the
time of the crime. The prosecutionhad previously filed a motion for a six
(02:30):
person jury at trial, which wasgranted, a strategic move that legal experts
believe would result in an easier conviction. That jury was supposed to be seated
on February sixth, but instead,Fuji surprised everyone and changed his not guilty
plea to guilty. Tristan Bailey's familysaid that Fuji's quote surprise change of plea
(02:53):
brings our family significant relief. Makeno mistake, the most important things to
our family at this time are justiceand Tristan's legacy. Although no explanation was
provided, analysts assumed that Fuji changedhis plea because as a minor, he'd
be entitled to a sentence review thatcould lead to a reduced sentence or even
(03:15):
release after twenty five years. Shouldhe be sentenced to life in prison.
There was really no reason to thinkhe would not be convicted at trial.
Fuji disclosed at his plea hearing thathe was taking lithium, which can be
used to treat bipolar disorder, Zyprexa, which treats schizophrenia and bipolar disorder,
as well as remarn commonly prescribed totreat major depressive disorder, generalized anxiety disorder,
(03:42):
and social anxiety. After his arrest, his friends were interviewed and those
recordings were released following his Miller hearingto determine whether he would receive a term
of years or life in prison.The hearing shed some light on his personality,
with his best friend telling police thatquote he said he wanted to slit
someone's throat. He said it'd besatisfying. I've seen him practice stabbing motions
(04:06):
with his knife, and I mean, you don't really take this stuff as
in he's going to stab and killsomebody because he's just a kid. We're
all just kids. He said thatthe knight Tristan was murdered, they had
planned to steal marijuana from Fucci's father, calling his friend a stereotypical quote big
pothead. While Fuci's girlfriend at thetime said in her recorded interview that he
(04:30):
had beaten up another kid in thepast and stolen his vape pen. She
also said that once after they'd hada fight, he had tried to cheat
on her with his future victim,Tristan Bailey. Regarding Fucci's relationship with his
parents, his girlfriend said that hehad told her that they called him quote
a disappointment to his family. Hismom was always mean to him, his
(04:51):
dad was always mean to him.He told me that sometimes his dad would
hit him. He felt neglected,he was the least favorite of the family.
In regards to his violent tendencies.She told police that quote he talked
about wanting to kill me. Iwasn't scared or anything. She went on
to say that quote Aiden told methat he had voices in his head that
(05:14):
told him those things, that toldhim that he was worthless than a disappointment.
And I know that he struggled withself harm sometimes, and he told
me multiple times that he hated himselfand that he wanted to kill himself.
He also told me that whenever hegets angry, that voice tells him to
kill people. And he said heknew there was something wrong with him.
I think he wanted to reach outfor help. She said that he planned
(05:36):
to commit a murder, telling policethat quote. He said that he would
just walk at night or something andfind like a random person walking to and
just drag them in the woods andstab them. He said he thinks it's
going to happen soon. Months afterthose interviews, and in the weeks before
his trials scheduled start date in February, news began coming out that indicated that
(06:00):
Fucci had been written up for disciplinewhile in jail, and that he had
been bullying, threatening, and combativeto his peers and the staff during his
time behind bars. He was writtenup for threatening to kill both peers and
guards, for extorting commissary items fromothers, and for having too many books
and magazines in his room, butrefusing to send them home. These infractions
(06:24):
resulted in consequences from staff, likehis being maced, placed in a restraint
chair for hours at a time,and put an administrative confinement for the majority
of the time he's been incarcerated awaitingtrial. Most people have heard of solitary
confinement, which is separating an individualfor punishment purposes, but according to the
Saint John's County Sheriff's Office, administrativeconfinement differs as it quote is due to
(06:49):
high risk mental health or other securityrelated status. Both require segregation of the
person from general population. On Marchtwenty fourth, two thousand and twenty three,
the sixteen year old was sentenced tolife in prison with a standard review
after twenty five years. Due tohis age when he killed Tristan Bailey,
(07:12):
he was not eligible for the deathpenalty because he was a miner when he
committed the crime. His attorneys havesince filed an appeal. Fucci's mother,
Crystal Smith, was also arrested inconnection to this crime, charged with tampering
with evidence and facing up to fiveyears incarceration. If you'll recall, video
footage from her own home security systemallegedly captured the accused killer's mother washing blood
(07:39):
and DNA evidence from the jeans Fuccihad been wearing, with the drain and
sink later testing positive for blood.According to the arrest warrant and Affidavid,
after Fuci went with officers to bequestioned his mother, quote can be observed
on her video surveillance going to Af'sbedroom at approximately twelve fifty five hours,
(08:00):
retrieving what appeared to be a pairof blue jeans, taking the janes to
an adjacent bathroom, and appeared tobe scrubbing the jeans in the bathroom scene.
An unnamed informant reportedly helped catch Smith, even getting her on audiotape admitting
to washing the jeans. The policeinterrogation video of Fuci later captured Smith trying
(08:20):
to tell him to say that hewas wearing khaki pants on the night of
the murders, not jeans. TheAffidavid reads that quote. The defendant asked
the witness if she saw anything onthe jeans and stated she washed the jeans.
The witness stated, the defendants statedshe didn't know if there was blood
on the jeans or not. Thewitness advised that she could not see anything
(08:41):
that appeared to be blood on thejenes, but asked the defendant why she
washed the jeans and stated the defendantcould get in trouble for washing the jeans.
Two years and three days after TristanBailey's murder, on May twelve,
two thousand and twenty three, CrystalSmith pled no contest and received a plea
(09:01):
deal which sentenced her to thirty daysin jail and five years of probation.
After three years, she can applyto have her probation terminated early, but
regardless will have to wait until wheneverit is over to visit her son in
prison. Aidan Fuji was transferred fromjail to Sewanee Correctional Facility in Live Oak,
Florida, where another convicted murderous minorwas once housed. Craig Price,
(09:26):
the Warwick Slasher, as longtime listenersmay remember, Price's juvenile sentence of incarceration
through age twenty one ultimately led tolegislation that enabled juveniles to be tried as
adults when charged with certain crimes.Price murdered his twenty seven year old neighbor,
Rebecca Spencer, on July twenty seventh, nineteen eighty seven, when he
(09:48):
was only thirteen years old. Hermurder went cold, and two years later,
on September first to nineteen eighty nine, a then fifteen year old Price
broke into another neighbor's home and brutallystabbed not only thirty nine year old Joan
Heaton to death, but her twoyoung daughters, Melissa and Jennifer, as
(10:09):
well, even crushing one of theirskulls. Following his conviction and initial incarceration
in Rhode Island, where the murdersoccurred, he was transferred to Swannee Prison
in Florida. He wasn't released atage twenty one, and had additional time
applied to his sentence on multiple occasions, as everything possible was done to keep
(10:31):
him behind bars for as long asit was legal. In two thousand and
four, he arrived at Swanne,and in two thousand and nine he was
denied parole for the first time andwas transferred to a different prison following a
prison fight that very slightly injured aguard. Eight years later, in April
two thousand and seventeen, he wasaccused of being involved in another prison fight,
(10:54):
three years before his scheduled May twentytwenty release. An additional twenty five
years was then added to his sentencein two thousand and nineteen. Aidan Fuji's
life sentence will come up for areview in two thousand and forty eight,
the year he turns forty two yearsold. I'm going to leave you with
(11:15):
Judge R. Lee Smith's powerful sentencingstatement, and speaking of powerful statements,
the victim impact statements read aloud byTristan's family and friends are worth looking up
online. Then visit the Tristan BaileyMemorial Fund at Tristan Bailey dot com.
And as always, thanks for listening. I'll be back soon with a new
episode, so until then, don'tbe scared. Pursue Intersection nine twenty one
(11:43):
point one four zero one. Court. In determining whether a life imprisonment or
a term of years equal to lifeimprisonment is an appropriate sentence, the court
must consider the following factors. Heythe nature and circumstances the offense committed by
the defendant be. The effect ofthe crime on the victim's family and on
(12:03):
the community. See the defendant's age, maturity, intellectual capacity, and mental
and emotional health at the time ofthe offense. D The defendant's background,
including his or her family, home, community environment, e. The effect
if any of immaturity and pittuosity orfailure to appreciate the risks and consequences on
(12:24):
the defendis participation in the offense,f the extent of the defendis participation in
the offense. GE the effect ifany of familial pressure or peer pressure on
the defendant's actions. Age, thenature and extent of the defendis prior criminal
history. I the effect if anyof characteristics attributable to the defendant's youth on
(12:45):
the defendant's judgment, and JAY thepossibility of rehabilitating the defendant. I have
considered all of the evidence that hasbeen presented for the last during this week,
the testimony that was presented, thevictim impact statements, the evidence that
was submitted, the filings, andI have analyzed each and every one of
(13:09):
those factors, as well as anyother factors that may be relevant to these
proceedings in order to determine an appropriatesentence for this case. The statue requires
the court to make specific findings onthe record, which is what I will
now do. I'm going to beginwith factor see the defendant's age, maturity,
(13:35):
intellectual capacity, and middle and emotionalhealth at the time of the offense.
Defendant was fourteen years old when thisact was committed. It is well
established and this Court accepts fully thatan individual's brain is not fully developed until
they reach sometime in their twenties.There is no question to the science behind
(14:01):
that. This court recognizes it acceptsit. The Court finds that the defendant
himself was of average maturity for hisage based on the testimony that was presented.
There were comments about that he wasof average maturity, that he some
(14:26):
of his friends looked upon him aseven more mature than the average fourteen year
old. He did have a learningdisability. His grades suffered as a result.
He struggled in school. Resources wereput into place to assist him,
(14:50):
which he did respond to. TheDean of students testified about his work with
mister Fucci and that there were somethings that were done to assist him.
He did have some discipline issues atschool, but he had a good rapport
with that dean seemed to have agood plan in place. The court has
(15:13):
heard the testimony and received some testimonyabout his emotional health, which kind of
segues into the next factor, whichis the defendant's background, including his or
her family, home and community environment. The defendant had a fairly normal home
environment. He had two parents whowere very involved in his life. The
(15:37):
testimony from the grandmother was that hehis father never missed time sharing, his
mother never missed time sharing. Iwant to comment on the grandmother who testified,
who came into his courtroom and testified, that took a lot of courage.
That was not easy for her,but it did show, I think
(16:00):
this court that he had a goodstable home environment. While there had been
some discussion about from the I guesshis girlfriend that she felt as though maybe
there were some things that were goingon at home. Based on all of
the testimony and evidence, this courtdoes not find that he suffered from any
type of physical or emotional abuse.Has not appeared that there was any significant
(16:26):
alcohol or drug abuse inside the home. Additionally, the court reviewed the letters
that were submitted by his mother andhis father, in particular the letter from
the father. The court was alsomoved by indicated that there was a fairly
there was a strong father son relationship. The skip factor e for just a
(16:53):
moment and moved to factor F theextent of the defendant's participation in this offense.
This question, this court does finethat the defendant was the soul participating
in this offense. He was onehundred percent responsible for this murder. This
Court does not believe that there wasany encouragement or enticement from anyone else to
(17:14):
get him to commit this crime.As to factor G the effect, if
any, of familial pressure or peerpressure on the defendant's actions, the Court
received no evidence that would suggest thatthere was any familial or peer pressure on
the defendant's actions in this case.The nature factor H the nature and extent
of the defensive prior criminal history.This defendant has no prior criminal history.
(17:38):
The court did receive and there hadbeen some discussion about whether or not the
court could consider any prior or postbad acts. I want to make it
very clear that the only consideration thatthis Court is giving to any of the
information that it received related to anyprior acts in school or fights, or
(18:00):
any of the statements or acts thatoccurred after his arrest while he was incarcerated,
were received and considered solely for thepurpose of analyzing the factors in this
statute, and in no way shapeor formed as this Court would has.
This Court considered those matters in orderto enhance his sentence. It is simply
(18:22):
to apply them and apply those issuesto these particular factors. The effect if
any of characteristics attributable to the defendant'syouth on the defendants judgment. I've already
considered his youth. I don't findthat there were any other characteristics of his
(18:44):
youth that really played a part inthis crime. Jay, the possibility of
rehabilitating the defendant, I would saythat the defendant has shown some ability to
modify his behavior that was shown inschool through the dean of students. However,
as doctor Pritchard noted, this crimeis extraordinary. His behavior was so
(19:07):
unusual compared to individuals his age thatthere is a poor prognosis for rehabilitation.
Let me move to factor be theeffect of the crime on the victim's family
and on the community. The effectof this crime that has had on the
(19:30):
victims family and on the community issignificant. There is no greater loss than
the loss of one's own child.The nature and circumstances of her death have
caused an even greater trauma on herloved ones. Her siblings, parents,
and extended family members all provided compellingvictim impact statements relating their personal struggles with
(19:53):
coping with her death. It hascaused them deep and emotional and mental health
problems. They are no longer ableto function as the family they once were.
It has also had a tremendous impactand effect on this community. This
court has reviewed all of the lettersthat were submitted by her friends, teachers,
(20:17):
coaches, and others. Approximately onehundred and fifty letters were received.
I have read all of them,and all of them strike a similar chord.
This was a devastating crime. Itwas devastating to the children of this
community. It mater materially changed anentire community. Some of the letters indicated
(20:40):
and discussed children who were teenage childrenwho could not sleep in their beds alone
and had to sleep in between theirparents for fear of what happened in this
case. One of the letters Iread mentioned the exhaustion of any mental health
resource is the supply was in suchneed that the excuse me, the the
(21:04):
the need was so great that thesupply of mental health resources there was an
insufficient number of counselors. Individuals hadto wait weeks or even months before they
could get in to see a griefcounselor. I would submit that this case
(21:27):
is probably the most difficult and shockingcase that this County, in Saint John's
County has has dealt with in thetwenty years that I have been or sixteen
years that I have been practicing law, and the thirty years that I have
(21:49):
lived and worked in this all ofNortheast Florida. This case is one of
only a very small few that hadthis level and this type of impact on
the community. This Court gives thisfactor great weight as to the last two
(22:22):
remaining factors, the effect, ifany, of immaturity, impetuosity, or
a failure to appreciate the risk andthe consequences of the defendant's participation in the
offense, and the effect of thecrime excuse me, and the nature and
(22:44):
circumstances of the offense committed by thedefendant. These factors are somewhat combined.
One hundred and fourteen stab wounds,forty nine defensive wounds, thirty five wounds
(23:04):
to the head and neck, twentynine to the back and shoulder, and
six fatal wounds. This Court hasreviewed and seen more than its fair share
of autopsy photos. The autopsy photosin this particular case were particularly difficult.
(23:25):
The forty nine defensive wounds indicate thatTristan Bailey was conscious, that she was
aware, and that she was doingeverything she could to fend off this attack.
She suffered a painful, horrifying deathfrom someone that she trusted. Her
(23:55):
screams were most likely stifled by herown suffocating lungs. He lured her into
a secluded place in the woods nearhis home, a person that she trusted,
and he led her there under falsepretenses. There was a heightened level
of premeditation in this case based onthe prior statements that he made to his
(24:22):
girlfriend and his friend. He indicatedthat he was going to kill someone,
at which point he determined that itwas going to be Tristan Bailey. I
don't know, but there was goingto be a victim. He indicated that
he was going how he was goingto do it, that he would take
(24:45):
them into a wooded place, thathe would stab them, he would kill
them, and then run away sothat he could keep on killing. He
told his best friend that he wantedto kill someone to see what it felt
like, and he wanted to watchthem bleed out. This particular crime was
(25:11):
committed with the weapon of choice asa knife, which he nicknamed poker that
required a up close personal type ofmurder that is rare, it's unique.
(25:41):
The Court accepts that in twenty nineteen, of all juvenile arrests, only seven
percent were violent, and only onepercent of those were homicides. This crime
is clearly an outlier, and itwas shocking, and it is shocking to
the conscious. This Court finds thatthe defendants participation in this offense was not
(26:03):
the result of immaturity or impetuosity.He understood the risks and consequences of his
actions. He previously told his girlfriendthat he was going to do this.
That clearly shows that he had beenplanning it. He attempted to cover it
up by disposing of the murder weaponand throwing it into a lake. He
(26:30):
then attempted to conceal evidenced by hidinghis shoes and shirt and jeans, taking
a shower, stealthily entering his home. And then the actions immediately after with
the Snapchat videos in the back ofthe police car and the story that he
(26:55):
made up about pushing her and herhitting her head, which was clearly refuted
by the video evidence in this case, all of that shows, and this
Court finds that this was not animmature or an impetuous type of crime.
(27:15):
It makes it unique, It makesit extraordinary. What is also very troubling
is that this crime had no motive. This was not done out of greed.
(27:37):
It was not done in retaliation,retribution, or revenge. It was
not a crime of passion. Itwas not a crime that was committed because
he felt rejected by her. Itwas not done in and a fit of
uncontrollable anger. There was no reason, There was no purpose. It was
(27:59):
done for no other reason than tosatisfy this defendant's internal desire to feel what
it was like to kill someone.It was committed in a cold, calculated
and premeditated manner, without any pretensefor moral or legal justification. And it
(28:19):
was heinous, atrocious, and cruel. This factor, and this factor alone,
makes this case and this defendant morethan just unique. It is for
this reason and all of the reasonspreviously stated, that leads this court to
the conclusion that there is only oneappropriate sentence in this case. Mister Fuci,
(28:45):
if you and your attorneys would pleaserise, counsel, is there any
legal reason why this court cannot impostsentence at this time? Ohayter Fuci,
having entered a plea of guilty tothe crime of first degree murder, I
(29:06):
adjudicate you guilty of the premitted firstdegree murder of Tristan Bailey. I sentenced
you to life in prison. Becauseof your age, you are eligible for
a review of the sentence in twentyfive years. I order the Department of
Corrections to notify you when you areeligible to apply for your review. Hearing,
(29:26):
Madame Clerk, if you will pleaseimpose the minimum finds in court costs.
Mister Fucci, you have thirty daysto appeal the legality of this Court's
sentence. If you wish to appealbut cannot afford an attorney, what will
be appointed for you. You willbe taken back to the Saint or to
the Duval County Jail, and thentransported into the Florida State prison system.
(29:48):
We are adjourned.
Just so you know, this showis built scary stock. So don't say
I didn't warn you, guys.I remember, don't be scared. Episode
(00:41):
one forty Justice for Tristan, thesentencing of Aidan Fucci. War Baby Here
with another episode of Murderous Miners.Hey, guys, let me start by
saying welcome back, and then sayit's been a staggering six hundred and thirty
six days since abel Acosta went onthe run. His whereabouts remain unknown.
(01:03):
This week we will be closing thebooks on Aidan Fuci, who was arrested
and charged in May two thousand andtwenty one with the vicious Mother's Day stabbing
death of thirteen year old Tristan Baileyof Saint John's, Florida. As you'll
recall from our previous coverage, aroundnine am on May ninth, Mother's Day
(01:23):
two thousand and twenty one, Tristanwas discovered to be missing from her bedroom.
Her older brother, who was stayingovernight at the family home to celebrate
the holiday, went to wake herto help with their mother's special breakfast,
only to find an empty bedroom.The competitive cheerleader and youngest of five siblings
(01:44):
love spending time with her friends andfamily, going to Starbucks with her oldest
sister and dancing on TikTok. Afrantic search of her Saint John's Florida neighborhood
ultimately led to the discovery of herbody. The Patriot Oaks Academy seventh grader
had been viciously stabbed one hundred andfourteen times and left in a pond at
(02:04):
the end of one of the streetsin their neighborhood. Her family, who
lovingly referred to themselves as the BaileySeven, remained shattered. February sixth,
two and twenty three, marked whatwas supposed to be the start of the
capital murder trial of now sixteen yearold Aidan Fuji, age fourteen at the
time of the crime. The prosecutionhad previously filed a motion for a six
(02:30):
person jury at trial, which wasgranted, a strategic move that legal experts
believe would result in an easier conviction. That jury was supposed to be seated
on February sixth, but instead,Fuji surprised everyone and changed his not guilty
plea to guilty. Tristan Bailey's familysaid that Fuji's quote surprise change of plea
(02:53):
brings our family significant relief. Makeno mistake, the most important things to
our family at this time are justiceand Tristan's legacy. Although no explanation was
provided, analysts assumed that Fuji changedhis plea because as a minor, he'd
be entitled to a sentence review thatcould lead to a reduced sentence or even
(03:15):
release after twenty five years. Shouldhe be sentenced to life in prison.
There was really no reason to thinkhe would not be convicted at trial.
Fuji disclosed at his plea hearing thathe was taking lithium, which can be
used to treat bipolar disorder, Zyprexa, which treats schizophrenia and bipolar disorder,
as well as remarn commonly prescribed totreat major depressive disorder, generalized anxiety disorder,
(03:42):
and social anxiety. After his arrest, his friends were interviewed and those
recordings were released following his Miller hearingto determine whether he would receive a term
of years or life in prison.The hearing shed some light on his personality,
with his best friend telling police thatquote he said he wanted to slit
someone's throat. He said it'd besatisfying. I've seen him practice stabbing motions
(04:06):
with his knife, and I mean, you don't really take this stuff as
in he's going to stab and killsomebody because he's just a kid. We're
all just kids. He said thatthe knight Tristan was murdered, they had
planned to steal marijuana from Fucci's father, calling his friend a stereotypical quote big
pothead. While Fuci's girlfriend at thetime said in her recorded interview that he
(04:30):
had beaten up another kid in thepast and stolen his vape pen. She
also said that once after they'd hada fight, he had tried to cheat
on her with his future victim,Tristan Bailey. Regarding Fucci's relationship with his
parents, his girlfriend said that hehad told her that they called him quote
a disappointment to his family. Hismom was always mean to him, his
(04:51):
dad was always mean to him.He told me that sometimes his dad would
hit him. He felt neglected,he was the least favorite of the family.
In regards to his violent tendencies.She told police that quote he talked
about wanting to kill me. Iwasn't scared or anything. She went on
to say that quote Aiden told methat he had voices in his head that
(05:14):
told him those things, that toldhim that he was worthless than a disappointment.
And I know that he struggled withself harm sometimes, and he told
me multiple times that he hated himselfand that he wanted to kill himself.
He also told me that whenever hegets angry, that voice tells him to
kill people. And he said heknew there was something wrong with him.
I think he wanted to reach outfor help. She said that he planned
(05:36):
to commit a murder, telling policethat quote. He said that he would
just walk at night or something andfind like a random person walking to and
just drag them in the woods andstab them. He said he thinks it's
going to happen soon. Months afterthose interviews, and in the weeks before
his trials scheduled start date in February, news began coming out that indicated that
(06:00):
Fucci had been written up for disciplinewhile in jail, and that he had
been bullying, threatening, and combativeto his peers and the staff during his
time behind bars. He was writtenup for threatening to kill both peers and
guards, for extorting commissary items fromothers, and for having too many books
and magazines in his room, butrefusing to send them home. These infractions
(06:24):
resulted in consequences from staff, likehis being maced, placed in a restraint
chair for hours at a time,and put an administrative confinement for the majority
of the time he's been incarcerated awaitingtrial. Most people have heard of solitary
confinement, which is separating an individualfor punishment purposes, but according to the
Saint John's County Sheriff's Office, administrativeconfinement differs as it quote is due to
(06:49):
high risk mental health or other securityrelated status. Both require segregation of the
person from general population. On Marchtwenty fourth, two thousand and twenty three,
the sixteen year old was sentenced tolife in prison with a standard review
after twenty five years. Due tohis age when he killed Tristan Bailey,
(07:12):
he was not eligible for the deathpenalty because he was a miner when he
committed the crime. His attorneys havesince filed an appeal. Fucci's mother,
Crystal Smith, was also arrested inconnection to this crime, charged with tampering
with evidence and facing up to fiveyears incarceration. If you'll recall, video
footage from her own home security systemallegedly captured the accused killer's mother washing blood
(07:39):
and DNA evidence from the jeans Fuccihad been wearing, with the drain and
sink later testing positive for blood.According to the arrest warrant and Affidavid,
after Fuci went with officers to bequestioned his mother, quote can be observed
on her video surveillance going to Af'sbedroom at approximately twelve fifty five hours,
(08:00):
retrieving what appeared to be a pairof blue jeans, taking the janes to
an adjacent bathroom, and appeared tobe scrubbing the jeans in the bathroom scene.
An unnamed informant reportedly helped catch Smith, even getting her on audiotape admitting
to washing the jeans. The policeinterrogation video of Fuci later captured Smith trying
(08:20):
to tell him to say that hewas wearing khaki pants on the night of
the murders, not jeans. TheAffidavid reads that quote. The defendant asked
the witness if she saw anything onthe jeans and stated she washed the jeans.
The witness stated, the defendants statedshe didn't know if there was blood
on the jeans or not. Thewitness advised that she could not see anything
(08:41):
that appeared to be blood on thejenes, but asked the defendant why she
washed the jeans and stated the defendantcould get in trouble for washing the jeans.
Two years and three days after TristanBailey's murder, on May twelve,
two thousand and twenty three, CrystalSmith pled no contest and received a plea
(09:01):
deal which sentenced her to thirty daysin jail and five years of probation.
After three years, she can applyto have her probation terminated early, but
regardless will have to wait until wheneverit is over to visit her son in
prison. Aidan Fuji was transferred fromjail to Sewanee Correctional Facility in Live Oak,
Florida, where another convicted murderous minorwas once housed. Craig Price,
(09:26):
the Warwick Slasher, as longtime listenersmay remember, Price's juvenile sentence of incarceration
through age twenty one ultimately led tolegislation that enabled juveniles to be tried as
adults when charged with certain crimes.Price murdered his twenty seven year old neighbor,
Rebecca Spencer, on July twenty seventh, nineteen eighty seven, when he
(09:48):
was only thirteen years old. Hermurder went cold, and two years later,
on September first to nineteen eighty nine, a then fifteen year old Price
broke into another neighbor's home and brutallystabbed not only thirty nine year old Joan
Heaton to death, but her twoyoung daughters, Melissa and Jennifer, as
(10:09):
well, even crushing one of theirskulls. Following his conviction and initial incarceration
in Rhode Island, where the murdersoccurred, he was transferred to Swannee Prison
in Florida. He wasn't released atage twenty one, and had additional time
applied to his sentence on multiple occasions, as everything possible was done to keep
(10:31):
him behind bars for as long asit was legal. In two thousand and
four, he arrived at Swanne,and in two thousand and nine he was
denied parole for the first time andwas transferred to a different prison following a
prison fight that very slightly injured aguard. Eight years later, in April
two thousand and seventeen, he wasaccused of being involved in another prison fight,
(10:54):
three years before his scheduled May twentytwenty release. An additional twenty five
years was then added to his sentencein two thousand and nineteen. Aidan Fuji's
life sentence will come up for areview in two thousand and forty eight,
the year he turns forty two yearsold. I'm going to leave you with
(11:15):
Judge R. Lee Smith's powerful sentencingstatement, and speaking of powerful statements,
the victim impact statements read aloud byTristan's family and friends are worth looking up
online. Then visit the Tristan BaileyMemorial Fund at Tristan Bailey dot com.
And as always, thanks for listening. I'll be back soon with a new
episode, so until then, don'tbe scared. Pursue Intersection nine twenty one
(11:43):
point one four zero one. Court. In determining whether a life imprisonment or
a term of years equal to lifeimprisonment is an appropriate sentence, the court
must consider the following factors. Heythe nature and circumstances the offense committed by
the defendant be. The effect ofthe crime on the victim's family and on
(12:03):
the community. See the defendant's age, maturity, intellectual capacity, and mental
and emotional health at the time ofthe offense. D The defendant's background,
including his or her family, home, community environment, e. The effect
if any of immaturity and pittuosity orfailure to appreciate the risks and consequences on
(12:24):
the defendis participation in the offense,f the extent of the defendis participation in
the offense. GE the effect ifany of familial pressure or peer pressure on
the defendant's actions. Age, thenature and extent of the defendis prior criminal
history. I the effect if anyof characteristics attributable to the defendant's youth on
(12:45):
the defendant's judgment, and JAY thepossibility of rehabilitating the defendant. I have
considered all of the evidence that hasbeen presented for the last during this week,
the testimony that was presented, thevictim impact statements, the evidence that
was submitted, the filings, andI have analyzed each and every one of
(13:09):
those factors, as well as anyother factors that may be relevant to these
proceedings in order to determine an appropriatesentence for this case. The statue requires
the court to make specific findings onthe record, which is what I will
now do. I'm going to beginwith factor see the defendant's age, maturity,
(13:35):
intellectual capacity, and middle and emotionalhealth at the time of the offense.
Defendant was fourteen years old when thisact was committed. It is well
established and this Court accepts fully thatan individual's brain is not fully developed until
they reach sometime in their twenties.There is no question to the science behind
(14:01):
that. This court recognizes it acceptsit. The Court finds that the defendant
himself was of average maturity for hisage based on the testimony that was presented.
There were comments about that he wasof average maturity, that he some
(14:26):
of his friends looked upon him aseven more mature than the average fourteen year
old. He did have a learningdisability. His grades suffered as a result.
He struggled in school. Resources wereput into place to assist him,
(14:50):
which he did respond to. TheDean of students testified about his work with
mister Fucci and that there were somethings that were done to assist him.
He did have some discipline issues atschool, but he had a good rapport
with that dean seemed to have agood plan in place. The court has
(15:13):
heard the testimony and received some testimonyabout his emotional health, which kind of
segues into the next factor, whichis the defendant's background, including his or
her family, home and community environment. The defendant had a fairly normal home
environment. He had two parents whowere very involved in his life. The
(15:37):
testimony from the grandmother was that hehis father never missed time sharing, his
mother never missed time sharing. Iwant to comment on the grandmother who testified,
who came into his courtroom and testified, that took a lot of courage.
That was not easy for her,but it did show, I think
(16:00):
this court that he had a goodstable home environment. While there had been
some discussion about from the I guesshis girlfriend that she felt as though maybe
there were some things that were goingon at home. Based on all of
the testimony and evidence, this courtdoes not find that he suffered from any
type of physical or emotional abuse.Has not appeared that there was any significant
(16:26):
alcohol or drug abuse inside the home. Additionally, the court reviewed the letters
that were submitted by his mother andhis father, in particular the letter from
the father. The court was alsomoved by indicated that there was a fairly
there was a strong father son relationship. The skip factor e for just a
(16:53):
moment and moved to factor F theextent of the defendant's participation in this offense.
This question, this court does finethat the defendant was the soul participating
in this offense. He was onehundred percent responsible for this murder. This
Court does not believe that there wasany encouragement or enticement from anyone else to
(17:14):
get him to commit this crime.As to factor G the effect, if
any, of familial pressure or peerpressure on the defendant's actions, the Court
received no evidence that would suggest thatthere was any familial or peer pressure on
the defendant's actions in this case.The nature factor H the nature and extent
of the defensive prior criminal history.This defendant has no prior criminal history.
(17:38):
The court did receive and there hadbeen some discussion about whether or not the
court could consider any prior or postbad acts. I want to make it
very clear that the only consideration thatthis Court is giving to any of the
information that it received related to anyprior acts in school or fights, or
(18:00):
any of the statements or acts thatoccurred after his arrest while he was incarcerated,
were received and considered solely for thepurpose of analyzing the factors in this
statute, and in no way shapeor formed as this Court would has.
This Court considered those matters in orderto enhance his sentence. It is simply
(18:22):
to apply them and apply those issuesto these particular factors. The effect if
any of characteristics attributable to the defendant'syouth on the defendants judgment. I've already
considered his youth. I don't findthat there were any other characteristics of his
(18:44):
youth that really played a part inthis crime. Jay, the possibility of
rehabilitating the defendant, I would saythat the defendant has shown some ability to
modify his behavior that was shown inschool through the dean of students. However,
as doctor Pritchard noted, this crimeis extraordinary. His behavior was so
(19:07):
unusual compared to individuals his age thatthere is a poor prognosis for rehabilitation.
Let me move to factor be theeffect of the crime on the victim's family
and on the community. The effectof this crime that has had on the
(19:30):
victims family and on the community issignificant. There is no greater loss than
the loss of one's own child.The nature and circumstances of her death have
caused an even greater trauma on herloved ones. Her siblings, parents,
and extended family members all provided compellingvictim impact statements relating their personal struggles with
(19:53):
coping with her death. It hascaused them deep and emotional and mental health
problems. They are no longer ableto function as the family they once were.
It has also had a tremendous impactand effect on this community. This
court has reviewed all of the lettersthat were submitted by her friends, teachers,
(20:17):
coaches, and others. Approximately onehundred and fifty letters were received.
I have read all of them,and all of them strike a similar chord.
This was a devastating crime. Itwas devastating to the children of this
community. It mater materially changed anentire community. Some of the letters indicated
(20:40):
and discussed children who were teenage childrenwho could not sleep in their beds alone
and had to sleep in between theirparents for fear of what happened in this
case. One of the letters Iread mentioned the exhaustion of any mental health
resource is the supply was in suchneed that the excuse me, the the
(21:04):
the need was so great that thesupply of mental health resources there was an
insufficient number of counselors. Individuals hadto wait weeks or even months before they
could get in to see a griefcounselor. I would submit that this case
(21:27):
is probably the most difficult and shockingcase that this County, in Saint John's
County has has dealt with in thetwenty years that I have been or sixteen
years that I have been practicing law, and the thirty years that I have
(21:49):
lived and worked in this all ofNortheast Florida. This case is one of
only a very small few that hadthis level and this type of impact on
the community. This Court gives thisfactor great weight as to the last two
(22:22):
remaining factors, the effect, ifany, of immaturity, impetuosity, or
a failure to appreciate the risk andthe consequences of the defendant's participation in the
offense, and the effect of thecrime excuse me, and the nature and
(22:44):
circumstances of the offense committed by thedefendant. These factors are somewhat combined.
One hundred and fourteen stab wounds,forty nine defensive wounds, thirty five wounds
(23:04):
to the head and neck, twentynine to the back and shoulder, and
six fatal wounds. This Court hasreviewed and seen more than its fair share
of autopsy photos. The autopsy photosin this particular case were particularly difficult.
(23:25):
The forty nine defensive wounds indicate thatTristan Bailey was conscious, that she was
aware, and that she was doingeverything she could to fend off this attack.
She suffered a painful, horrifying deathfrom someone that she trusted. Her
(23:55):
screams were most likely stifled by herown suffocating lungs. He lured her into
a secluded place in the woods nearhis home, a person that she trusted,
and he led her there under falsepretenses. There was a heightened level
of premeditation in this case based onthe prior statements that he made to his
(24:22):
girlfriend and his friend. He indicatedthat he was going to kill someone,
at which point he determined that itwas going to be Tristan Bailey. I
don't know, but there was goingto be a victim. He indicated that
he was going how he was goingto do it, that he would take
(24:45):
them into a wooded place, thathe would stab them, he would kill
them, and then run away sothat he could keep on killing. He
told his best friend that he wantedto kill someone to see what it felt
like, and he wanted to watchthem bleed out. This particular crime was
(25:11):
committed with the weapon of choice asa knife, which he nicknamed poker that
required a up close personal type ofmurder that is rare, it's unique.
(25:41):
The Court accepts that in twenty nineteen, of all juvenile arrests, only seven
percent were violent, and only onepercent of those were homicides. This crime
is clearly an outlier, and itwas shocking, and it is shocking to
the conscious. This Court finds thatthe defendants participation in this offense was not
(26:03):
the result of immaturity or impetuosity.He understood the risks and consequences of his
actions. He previously told his girlfriendthat he was going to do this.
That clearly shows that he had beenplanning it. He attempted to cover it
up by disposing of the murder weaponand throwing it into a lake. He
(26:30):
then attempted to conceal evidenced by hidinghis shoes and shirt and jeans, taking
a shower, stealthily entering his home. And then the actions immediately after with
the Snapchat videos in the back ofthe police car and the story that he
(26:55):
made up about pushing her and herhitting her head, which was clearly refuted
by the video evidence in this case, all of that shows, and this
Court finds that this was not animmature or an impetuous type of crime.
(27:15):
It makes it unique, It makesit extraordinary. What is also very troubling
is that this crime had no motive. This was not done out of greed.
(27:37):
It was not done in retaliation,retribution, or revenge. It was
not a crime of passion. Itwas not a crime that was committed because
he felt rejected by her. Itwas not done in and a fit of
uncontrollable anger. There was no reason, There was no purpose. It was
(27:59):
done for no other reason than tosatisfy this defendant's internal desire to feel what
it was like to kill someone.It was committed in a cold, calculated
and premeditated manner, without any pretensefor moral or legal justification. And it
(28:19):
was heinous, atrocious, and cruel. This factor, and this factor alone,
makes this case and this defendant morethan just unique. It is for
this reason and all of the reasonspreviously stated, that leads this court to
the conclusion that there is only oneappropriate sentence in this case. Mister Fuci,
(28:45):
if you and your attorneys would pleaserise, counsel, is there any
legal reason why this court cannot impostsentence at this time? Ohayter Fuci,
having entered a plea of guilty tothe crime of first degree murder, I
(29:06):
adjudicate you guilty of the premitted firstdegree murder of Tristan Bailey. I sentenced
you to life in prison. Becauseof your age, you are eligible for
a review of the sentence in twentyfive years. I order the Department of
Corrections to notify you when you areeligible to apply for your review. Hearing,
(29:26):
Madame Clerk, if you will pleaseimpose the minimum finds in court costs.
Mister Fucci, you have thirty daysto appeal the legality of this Court's
sentence. If you wish to appealbut cannot afford an attorney, what will
be appointed for you. You willbe taken back to the Saint or to
the Duval County Jail, and thentransported into the Florida State prison system.
(29:48):
We are adjourned.
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