Murder of Gabriel Fernandez
Murder of Gabriel Fernandez | |
---|---|
Convictions | First-degree murder with special circumstances of torture
|
Sentence | Fernandez: Life imprisonment without the possibility of parole Aguirre: Death (de jure) |
Charges | Kevin Bom, Patricia Clement, Gregory Merritt, Stefanie Rodriguez: Child abuse, falsifying public records (dismissed) |
On May 24, 2013, Gabriel Fernandez, an eight-year-old boy from
Throughout Fernandez's eight-month stay with his mother and Aguirre, multiple people reported signs of abuse to social workers with the
Victim
Gabriel Daniel Fernandez[2] was born on February 20, 2005, to Arnold Contreras and Pearl Fernandez.[3][4] Shortly after birth, Gabriel was put in the custody of his great-uncle on his mother's side, Michael Lemos Carranza, and his partner David Martinez. They continued to raise Gabriel for four years. In 2009, four-year-old Gabriel moved in with his grandparents, due to his grandfather's objection to Carranza's and Martinez's same-sex relationship. He lived with his grandparents until 2012, when his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, regained physical custody of him[5] despite concerns for his welfare expressed by the family.[6]
Abuse and murder
Throughout his eight-month stay in the household of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically
On May 22, 2013, Pearl Fernandez called
Perpetrators
Pearl Fernandez
Pearl Sinthia Fernandez was born on August 29, 1983, to Robert and Sandra Fernandez.
Fernandez has been diagnosed with several mental health issues including a
Currently, Fernandez is serving a life sentence without the possibility of parole for first-degree murder with special circumstances of torture at Central California Women's Facility. She was admitted to the facility on June 21, 2018.[17]
Pearl Fernandez filed a petition on April 8, 2021, which requested being re-sentenced but this was dismissed by the Los Angeles Superior Court Judge George G. Lomeli. Lomeli said he carefully reviewed her petition for re-sentencing, but concluded that she was "not entitled to re-sentencing relief."[18]
Isauro Aguirre
Isauro Aguirre, also known as Tony, was born on June 13, 1980.[19] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[20] He worked for Woodland Park Retirement Hotel where he was a caregiver and a driver. Executive director of the retirement home and former boss of Aguirre, Susan Weisbarth, described him as a "quiet, down to earth nice person, always willing to help." She also commented that throughout his three-year employment he was patient and loving, and would commonly change the diapers of elderly residents at the facility. Staff at the facility nicknamed him "Shaggy," which was, according to Weisbarth, a term of endearment. Ex-coworker Sherline Mille, who also worked for Woodland Park Retirement Hotel, noted that while Aguirre was driving residents he would often drive them the scenic route so they could get to see views other than the freeway. Aguirre met Pearl Fernandez roughly a year and a half to two years before they took custody of Gabriel Fernandez. In October 2012, Aguirre began working as a security guard for AVL Private Security; through AVL he worked at the Vallarta Market in Palmdale, California.
Aguirre was charged with first-degree murder with special circumstances of torture for murdering Gabriel Fernandez. He pled not guilty; however, the jury found him guilty and recommended he be sentenced to death, which was accepted by Superior Court Judge George G. Lomeli.
Legal proceedings
On May 23, 2013, Pearl Fernandez and Isauro Aguirre were arrested; Fernandez was arrested for felony child endangerment while Aguirre was arrested for attempted murder.
Pearl Fernandez pled guilty on February 15, 2018, to her charge as part of a plea deal to avoid the death penalty, and was sentenced to life imprisonment without the possibility of parole. In court, she stated, "I want to say I'm sorry for what happened. I wish Gabriel was alive. Every day I wish that I would have made better choices. I'm sorry to my children, and I want them to know that I love them."
Trial of Isauro Aguirre
Isauro Aguirre pleaded not guilty to the charge of
In September 2017, jury selection began for the case. Questionnaires were given to prospective jurors, and they were informed that the trial could last as long as six weeks. Additionally, they were told the trial involved "extensive internal and external injuries" of the victim. The jury composition was seven women and five men.[27][26]
When the trial began, jurors were given details about the extensive abuse Gabriel Fernandez went through in the months preceding his fatal beating. Prosecutor Jon Hatami called Aguirre "pure evil" and argued that he deserved the death penalty even though it "doesn't even compare to what he did to Gabriel."
Defense attorney John Alan argued that Aguirre was considered to be "kind" and "compassionate" during his employment at the retirement facility and that he had never committed a crime before meeting Pearl Fernandez.[26]
Jury deliberation began on November 14, 2017, and a verdict was reached the next afternoon. Ultimately, the jury found him guilty of first-degree murder and guilty of the circumstances of torture charges.[28] On December 11, 2017, jury deliberation began for the sentencing phase. The next day the jury was deadlocked; however, on December 13, they rendered a verdict of death, which was accepted by Judge George G. Lomeli.[24]
Social workers
The social workers associated with the Gabriel Fernandez case were Stefanie Rodriguez and Patricia Clement. The other parties associated were their supervisors, Kevin Bom and Gregory Merritt.[29]
The social workers were accused of neglecting Fernandez and falsifying public records.[29] Calls regarding child abuse concerns began to occur between the years of 2012 and 2013.[30] The first call came in from his first grade teacher (Jennifer Garcia).[31]
Jennifer Garcia's concern started when Fernandez first asked her concerning questions regarding being whipped. Garcia reported her concerns to the child welfare hotline.[31] Stephanie Rodriguez, a social worker, was assigned to Fernandez's case.[30] Garcia continued to see signs of child abuse including a fat lip and patches of missing hair. Gabriel also claimed that he had been shot in the face with a BB gun. Garcia continued to call the child welfare hotline and was told each time that a social worker would check in on Fernandez.[31] However, there was never a medical follow up and every time a social worker would go to Fernandez's household, she never talked directly to Fernandez and would only talk to his mother.[30]
According to legal scholar Charlotte Hinkamp, there was sufficient evidence of child abuse and it was surprising that the Department of Children and Family Services did not remove Fernandez from the home.[31]
The four social workers were charged with two different felonies: child abuse and falsifying public records. However, the child abuse charges were dropped in 2020 as justices in the 2nd District Court of Appeal ruled that failure to uphold their duties and failure to remove Fernandez from his abusers did not constitute criminal liability for child abuse.[29]
Controversy of governmental response
In the months preceding his death, Fernandez showed his injuries or reported the abuse to a
Two social workers, Stefanie Rodriguez and Patricia Clement, and two supervisors, Kevin Bom and Gregory Merritt of the
Media portrayal
The Trials of Gabriel Fernandez is a six-part crime documentary that premiered on Netflix in 2020. Directed by Brian Knappenberger, the documentary details the murder of Gabriel Fernandez and subsequent responses by the media and local government.
See also
- Murder of Zachary Turner
- Murder of Sylvia Likens
- Murder of Anthony Avalos
References
- ^ Fry, Hannah; Stiles, Matt (May 22, 2019). "After 2 suspected homophobic killings, audit finds broader issues with L.A. child welfare". Los Angeles Times. Retrieved November 27, 2021.
- ^ "The Murder of 8-year-old Gabriel Fernandez, a Netflix Documentary". www.oregonherald.com. Retrieved September 19, 2021.
- ^ "isauro Aguirre | Invisible Children". February 20, 2014.
- ^ Mitchell, Molli (March 25, 2020). "Gabriel Fernandez: Who is Michael Lemos Carranza? What happened to him?". Express.co.uk. Retrieved March 30, 2020.
- ^ "Grandfather Testifies About Having to Give Boy's Custody Back to His Accused Killers". CBS Los Angeles. October 30, 2017. Retrieved August 31, 2022.
- ^ Gajanan, Mahita. "The Heartbreaking Story Behind Netflix's Documentary Series 'The Trials of Gabriel Fernandez'". Time. Retrieved March 17, 2020.
- ^ a b c Hanlon, Greg; Pelisek, Christine. "Everything to Know About Gabriel Fernandez's Tragic Abuse Case Examined in Netflix Docuseries". People. Retrieved March 17, 2020.
- ^ Fry, Hannah; Stiles, Matt (May 22, 2019). "After 2 suspected homophobic killings, audit finds broader issues with L.A. child welfare". Los Angeles Times. Retrieved November 27, 2021.
- ^ Verhoeven, Beatrice (March 13, 2020). "'Trials of Gabriel Fernandez': 9 Most Shocking Details About the Murder at Heart of Netflix Documentary". TheWrap. Retrieved March 17, 2020.
- ^ "Boy's alleged abuse described in graphic grand jury testimony". Los Angeles Times. August 19, 2014. Retrieved May 7, 2021.
- ^ "Malnourished boy found dead in Echo Park closet was subject of earlier child abuse reports, LAPD says". Los Angeles Times. August 25, 2016. Retrieved May 7, 2021.
- ^ Spencer, Samuel (February 28, 2020). "What happened to Gabriel Fernandez's grandparents?". Newsweek. Retrieved March 18, 2020.
- ^ a b Biswas, Shuvrajit Das (February 26, 2020). "Where is Pearl Fernandez Now? Gabriel Fernandez's Mother Today". The Cinemaholic. Retrieved March 18, 2020.
- ^ a b c Warnock, Caroline (February 26, 2020). "Pearl Fernandez, Gabriel Fernandez's Mother: 5 Fast Facts". Heavy.com. Retrieved March 19, 2020.
- ^ "What Happened To Pearl Fernandez? An Update On What's Happened To Gabriel Fernandez's Mom Since The Documentary". YourTango. March 6, 2020. Retrieved March 19, 2020.
- ^ Gerber, Marisa (June 7, 2018). "'Nothing short of evil': Judge sentences mother to life in prison and her boyfriend to death in Gabriel Fernandez murder case". Los Angeles Times. Retrieved August 14, 2023.
- ^ "Inmate Information". CDCR. Retrieved March 19, 2020.
- ^ "Our Wounds Will Heal". September 9, 2021.
- ^ John, Caroline (February 28, 2020). "Isauro Aguirre Wiki: Facts about Pearl Fernandez's Boyfriend Who Abused Gabriel Fernandez". Earn The Necklace. Retrieved March 18, 2020.
- ^ Warnock, Caroline (February 26, 2020). "Isauro Aguirre, Gabriel Fernandez's Murderer: 5 Fast Facts". Heavy.com. Retrieved March 19, 2020.
- ^ "Who Is Isauro Aguirre, The Man Who Murdered 8-Year-Old Gabriel Fernandez?". Oxygen Official Site. February 26, 2020. Retrieved March 19, 2020.
- ^ Spencer, Samuel (March 2, 2020). "Which prisons are the killers of Gabriel Fernandez in?". Newsweek. Retrieved March 19, 2020.
- ^ "CDRC Inmate Locator - Inmate Information - AGUIRRE, ISAURO". ca.gov. Retrieved August 28, 2021.
- ^ a b Spencer, Samuel (February 27, 2020). "'The Trials of Gabriel Fernandez': Who is Isauro Aguirre and Where is He Now?". Newsweek. Retrieved March 19, 2020.
- ^ "Gabriel Fernandez's mother sentenced to life in prison, boyfriend gets death penalty in Palmdale boy's torture-beating murder". Daily News. June 7, 2018. Retrieved March 19, 2020.
- ^ a b c "Jury Recommends Death Sentence for Isauro Aguirre for Murder of 8-Year-Old Gabriel Fernandez". KTLA. December 13, 2017. Retrieved March 19, 2020.
- ^ "Jury selection begins in trial over local boy's death". ourweekly.com. September 29, 2017. Retrieved March 19, 2020.
- ^ "Mother's boyfriend found guilty in systematic torture, murder of 8-year-old boy". WXMI. November 16, 2017. Retrieved March 19, 2020.
- ^ a b c Reyes-Velarde, Alejandra (July 15, 2020). "Charges Dismissed against Social Workers Linked to Gabriel Fernandez's Killing". Los Angeles Times. Retrieved March 1, 2022.
- ^ a b c Subroyen, T (2020). "The gabriel fernandez case: comparative analysis of 'mandated reporter' in light of the children's act". Pretoria Student Law Review. 14 (2): 341–361.
- ^ a b c d Hinkamp, C (2021). "Review: netflix's the trials of gabriel fernandez". Children's Legal Rights Journal. 41 (1): 68–72.
- ^ Nied, Jennifer (March 18, 2020). "Gabriel Fernandez's Social Workers Have Another Court Date Coming Up". Women's Health. Retrieved March 19, 2020.
- ^ Winton, Richard; Chang, Cindy (January 1, 2017). "L.A. sheriff's deputies disciplined after horrific torture death of 8-year-old boy". L.A. Times. Retrieved April 29, 2020.