Crime

18-year-old charged with beating a 3-year-old with a brick ‘because she wasn’t listening’

Tristin Tavares Bernard, 18, of Miami Gardens was charged with attempted second degree murder, child abuse and battery on May 3, 2019.
Tristin Tavares Bernard, 18, of Miami Gardens was charged with attempted second degree murder, child abuse and battery on May 3, 2019. Miami-Dade Corrections and Rehabilitation

The man suspected of smashing a child in the head with a brick and leaving her to die inside a recycling bin in Miami Gardens told police that he injured the child because she wasn’t listening to him, according to police.

Miami Gardens police said they found Tristin Tavares Bernard, 18, inside a home near the crime scene and that he had changed clothing. After securing a search warrant, police said, they also found bloody clothing they suspect belonged to Bernard inside the home.

“The defendant stated the victim had run out of the house and almost crossed the street. He ran out of the house and stopped her. He stated since she wasn’t listening to him he struck her with the brick,” the arresting officer wrote in Bernard’s arrest report.

Bernard was taken into custody just past midnight Thursday and charged with second-degree attempted murder, aggravated battery with great bodily harm and aggravated child abuse and torture. His bond was set at $42,500. The child was taken to Joe DiMaggio Children’s Hospital in Hollywood in critical condition.

Family and neighbors say Bernard is mentally unstable, according to a report from Miami Herald news partner CBS4.



“Nobody in this world would expect that he would do that, like [he] never show that sign that he would do that,” said a family member who did not want to give his name.

According to witness accounts and police, the child was being watched by Bernard’s mother late Thursday afternoon, who lost track of her and was calling out for her, said a family member who wished to remain anonymous.

“She’s like screaming Katura, Katura, Katura, where’s Katura, she started checking the room, was checking the room she don’t see the other kid,” the family member told CBS4.

At about the same time, according to Bernard’s arrest report, a man named Jose Oswaldo Sotomayor Garcia told police he heard a noise coming from the side of his home that he believed was a cat. He went to inspect. What he found instead, Sotomayor Garcia told police, was Bernard hitting the child in the head with a red brick.

Sotomayor Garcia told police he grabbed Bernard and threw him to the ground. Bernard, he said, got up and ran off. Sotomayor Garcia screamed for help.

Sotomayor Garcia told CBS4 that the child was in the bin by the time he got to Bernard.

“She was in the bin and she was bleeding on the side of her head,” Sotomayor Garcia said. “Thank God I was able to save her life.”

This story was originally published May 2, 2019 at 8:04 PM.

Carli Teproff
Miami Herald
Carli Teproff grew up in Northeast Miami-Dade and graduated from Florida International University in 2003. She became a full-time reporter for the Miami Herald in 2005 and now covers breaking news.
Howard Cohen
Miami Herald
Miami Herald consumer trends reporter Howard Cohen, a 2017 Media Excellence Awards winner, has covered pop music, theater, health and fitness, obituaries, municipal government, breaking news and general assignment. He started his career in the Features department at the Miami Herald in 1991. Cohen is an adjunct professor at the University of Miami School of Communication. Support my work with a digital subscription
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