Murder of Gabriel Fernandez

Last updated

Murder of Gabriel Fernandez
Gabriel Fernandez.jpeg
Victim Gabriel Fernandez
Location Palmdale, California, U.S.
Date
  • May 22, 2013 (2013-05-22) (fatal beating)
  • May 24, 2013 (2013-05-24) (death)
Attack type
 Child murder, child abuse
VictimGabriel Daniel Fernandez, aged 8
Perpetrators Pearl Fernandez and Isauro Aguirre
MotiveInconclusive
VerdictFernandez:
Pleaded guilty
Aguirre:
Guilty at trial
Convictions First-degree murder with special circumstances of torture
SentenceFernandez:
Life imprisonment without the possibility of parole
Aguirre:
Death ( de jure )
ChargesKevin 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 Palmdale, California, who had been abused and tortured over a period of months, died due to a beating from his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre, two days earlier. Pearl Fernandez and Isauro Aguirre were charged and convicted of first-degree murder with special circumstances of torture. According to prosecutors, Aguirre allegedly abused Gabriel due to his perceived homosexuality. [1] Pearl was sentenced to life imprisonment without the possibility of parole and Aguirre was sentenced to death.

Contents

Throughout Fernandez's eight-month stay with his mother and Aguirre, multiple people reported signs of abuse to social workers with the Los Angeles County Department of Children and Family Services and the Los Angeles County Sheriff's Department. However, Fernandez was never removed from the household. This led to concerns over the effectiveness and efficiency of social services in Los Angeles County, and led to four social workers being criminally charged in Los Angeles Superior Court. All charges were later dropped.

Victim

Gabriel Daniel Fernandez [2] was born on February 20, 2005, to Arnold Contreras and Pearl Fernandez. [3] Soon after his birth, Gabriel was placed in the care of his great-uncle, Michael Lemos Carranza, and Carranza's partner, David Martinez. In 2009, when Gabriel was four years old, he moved in with his grandparents due to his grandfather's disapproval of Carranza and Martinez's same-sex relationship. He remained there until 2012, when his mother and her boyfriend, Isauro Aguirre, took him into their custody, [4] a decision met with concern from other family members. [5]

Abuse and murder

Throughout his eight-month stay in the household of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically abused and tortured. This included regular physical beatings that broke his bones, burns from cigarettes and heated objects, shots from a BB gun, having his teeth knocked out with a bat, and the forced consumption of cat litter, cat feces, spoiled food, and his own vomit. Beyond the physical torment, he was subjected to psychological abuse such as being forced to sleep bound and gagged in a small cabinet and made to wear girls' clothing. Fernandez's siblings reported that his mother and stepfather would laugh during the abuse. [6] According to prosecutors, one of Aguirre's motivations for this abuse was that he believed Fernandez was gay. [7]

Children's Hospital Los Angeles, where Gabriel Fernandez died Childrenshospitallosangeles.jpg
Children's Hospital Los Angeles, where Gabriel Fernandez died

On May 22, 2013, Fernandez was beaten for not tidying his toys. The assault rendered him unresponsive, prompting Pearl to call 9-1-1. [6] Paramedics transported Fernandez to Antelope Valley Hospital, where he was declared brain dead. He died two days later at the Children's Hospital Los Angeles. The autopsy concluded that his death resulted from blunt force trauma, aggravated by neglect and malnutrition. [8] [9]

Perpetrators

Pearl Fernandez

Mug shot of Pearl Fernandez Mug shot of Pearl Fernandez.png
Mug shot of Pearl Fernandez

Pearl Sinthia Fernandez was born on August 29, 1983, to Robert and Sandra Fernandez. [10] [11] [12] During her childhood, her father was frequently incarcerated, and Fernandez alleges her mother was abusive and neglectful. At the age of nine, Fernandez began using methamphetamine and drinking alcohol, and at eleven, she decided to run away from home. Her education ended when she dropped out of school in the eighth grade. As a teenager, Fernandez claimed that her uncle attempted to rape her and that a group of men had held her hostage for a period of days taking turns raping her, which led to suicidal thoughts.

Fernandez had four children with Arnold Contreras, including Gabriel. When Gabriel was born, she left him at the hospital three days after his birth; however, she regained custody of Gabriel in 2012. Additionally, she claims that many of her romantic partners, including Aguirre, were abusive to her. However, Elizabeth Carranza, Fernandez's aunt, and her husband claim that Fernandez falsely portrays herself as a victim and that it was Fernandez who was abusive and controlling towards her romantic partners. Additionally, Fernandez had pending charges against her for threatening to stab Arnold Contreras. Following Gabriel's death, Pearl reported abusing the opioid drugs Oxycodone and Norco. [12] [11] [13]

Fernandez has been diagnosed with several mental health issues including a depressive disorder,developmental disability, a possible personality disorder, and post-traumatic stress disorder. A cognitive ability test in 2011 revealed verbal comprehension skills at the level of a typical second-grade student. Clinical psychologist Deborah S. Miora, expert witness for the defense at the trial, stated that Fernandez was "virtually unable to use thoughts to guide her behavior and control her emotional reactions." [12] [14]

Fernandez is currently serving a life sentence without parole at Central California Women's Facility. She was admitted to the facility on June 21, 2018. [15] In April 2021, she filed a petition seeking re-sentencing, which was dismissed by Los Angeles Superior Court Judge George G. Lomeli, who concluded she was “not entitled to re-sentencing relief”. [16]

Isauro Aguirre

Mug shot of Isauro Aguirre Mug shot of Isauro Aguirre.png
Mug shot of Isauro Aguirre

Isauro "Tony" Aguirre was born on June 13, 1980. [17] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability. [18] He was employed at Woodland Park Retirement Hotel for three years, working as a caregiver and driver. Susan Weisbarth, executive director of the retirement home and former boss of Aguirre, described him in court as a kind and gentle person, noting that he would frequently change diapers for elderly residents. Staff affectionately nicknamed him "Shaggy." Aguirre met Pearl Fernandez approximately 18-24 months before they took custody of Gabriel Fernandez. In October 2012, Aguirre began working as a security guard for AVL Private Security at the Vallarta Market in Palmdale, California.

Aguirre was charged with first-degree murder with special circumstances of torture for murdering Gabriel Fernandez. Despite entering a plea of not guilty, he was convicted by a jury and subsequently sentenced to death, a decision affirmed by Lomeli. [19] He was admitted to San Quentin State Prison on June 13, 2018, to await execution. [20] However, due to California governor Gavin Newsom's moratorium on capital punishment, his execution date remains undetermined. [21] In 2021, Aguirre was transferred to Richard J. Donovan Correctional Facility in San Diego. [22]

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. [23] However, when Gabriel died, Fernandez and Aguirre were both charged with first degree murder with special circumstances of torture; prosecutors pursued the death penalty. [24]

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." [25]

Trial of Isauro Aguirre

Isauro Aguirre pleaded not guilty to the charge of first-degree murder with special circumstances of torture, and the case was prosecuted by Deputy District Attorney Jonathan Hatami and Deputy District Attorney Scott Yang. [26]

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 Lomeli. [23]

Social workers

The social workers associated with the Gabriel Fernandez case were Stefanie Rodriguez and Patricia Clement. [29] They and their supervisors, Kevin Bom and Gregory Merritt, 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, who is a mandated reporter. [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] Nine sheriff's deputies were internally disciplined for not properly investigating the abuse allegations. [32]

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

Related Research Articles

<span class="mw-page-title-main">San Quentin Rehabilitation Center</span> Mens prison in California, US

San Quentin Rehabilitation Center (SQ), formerly known as San Quentin State Prison, is a California Department of Corrections and Rehabilitation state prison for men, located north of San Francisco in the unincorporated place of San Quentin in Marin County.

<span class="mw-page-title-main">California State Prison, Corcoran</span> Prison in California

California State Prison, Corcoran (COR) is a male-only state prison located in the city of Corcoran, in Kings County, California. It is also known as Corcoran State Prison, CSP-C, CSP-COR, CSP-Corcoran, and Corcoran I. The facility is just north of the newer California Substance Abuse Treatment Facility and State Prison, Corcoran.

<span class="mw-page-title-main">Matricide</span> Act of killing ones own mother

Matricide is the act of killing one's own mother.

<span class="mw-page-title-main">Murder of Sylvia Likens</span> 1965 child murder in Indianapolis, US

Sylvia Marie Likens was an American teenager who was tortured and murdered by her caregiver, Gertrude Baniszewski, many of Baniszewski's children, and several of their neighborhood friends. The abuse lasted for three months, occurring incrementally, before Likens died from her extensive injuries and malnourishment on October 26, 1965, in Indianapolis, Indiana.

Nixzmary Brown was a seven-year-old American girl from Brooklyn, New York, whose physical abuse, parental neglect and murder led to reforms in New York City's Administration for Children's Services.

<span class="mw-page-title-main">Central California Women's Facility</span> Female prison in Chowchilla, California

Central California Women's Facility (CCWF) is an American women's California Department of Corrections and Rehabilitation state prison located in Chowchilla, California. It is across the road from Valley State Prison. CCWF is the second largest female correctional facility in the United States, and houses the only State of California death row for women.

Antron Singleton, better known by his stage name Big Lurch, is an American rapper, poet and convicted murderer. He is serving a life sentence for murdering 21-year-old roommate Tynisha Ysais and eating parts of her body in April 2002. He was a member of the group Cosmic Slop Shop.

<span class="mw-page-title-main">Joseph Edward Duncan</span> American serial killer (1963–2021)

Joseph Edward Duncan III was an American convicted serial killer and child molester who was on death row in federal prison following the 2005 kidnappings and murders of members of the Groene family of Coeur d'Alene, Idaho. He was also serving 11 consecutive sentences of life without parole for the 1997 murder of Anthony Martinez of Beaumont, California. Additionally, Duncan confessed to — but had not been charged with — the 1996 murder of two girls, Sammiejo White and Carmen Cubias, in Seattle, Washington. At the time of the attack on the Groene family, Duncan was on the run from a child molestation charge in Minnesota.

<span class="mw-page-title-main">Deborah Peagler</span> Incarcerated victim of abuse

Deborah Denise Peagler was a battered woman who was in prison from 1983 to 2009 for her involvement in the murder of Oliver Wilson, the man who abused her, forced her into prostitution, and molested her daughters. She was also known as "Tripp", and as Debbie, Debie, or Debi.

<span class="mw-page-title-main">Wineville Chicken Coop murders</span> Series of abductions and murders of young boys

The Wineville Chicken Coop murders, also known as the Wineville Chicken murders, were a series of abductions and murders of young boys that occurred in the city of Los Angeles and in Riverside County, California, United States between 1926 and 1928. The murders were perpetrated by Gordon Stewart Northcott, a 19-year-old farmer who had moved to the U.S. from Canada two years earlier, as well as his mother, Sarah Louise Northcott, and his nephew, Sanford Clark.

<span class="mw-page-title-main">Gordon Stewart Northcott</span> Canadian serial killer (1906–1930)

Gordon Stewart Northcott was a Canadian serial killer, child rapist, and child abductor who was convicted of the murders of three young boys in California, U.S., and confessed to the murders of nine in total. Sentenced to death, he was executed on October 2, 1930.

Jennifer Lee Daugherty was an American woman from Greensburg, Pennsylvania, who was killed by her supposed friends, in an act of revenge, in February 2010. Daugherty, who was intellectually challenged, was humiliated, tortured, sexually assaulted and murdered by a group of individuals she considered to be her new circle of friends, possibly the first true social group in her life. Her body was wrapped in Christmas decorations, put inside a trash can, and left next to the garbage dumpsters at Greensburg-Salem Middle School.

<span class="mw-page-title-main">Murder of Kelly Anne Bates</span> Murder and torture of an English teenager

Kelly Anne Bates was an English teenager who was murdered in Manchester, England at the age of 17 by her abuser, James Patterson Smith. She was tortured by him over a period of four weeks, including having her eyes gouged from their sockets up to three weeks before her death, before being drowned in a bathtub.

In February 2009, Heather Strong was kidnapped and murdered in Marion County, Florida. Emilia Lily Carr, a rival for the affections of a man Strong was married to, came under suspicion. Carr denied any guilt and alleged her statements were coerced. Carr was nevertheless found guilty in December 2010 and sentenced to death by lethal injection in February 2011. Carr was one of five women on death row in the state of Florida. On May 19, 2017, Emilia Carr was re-sentenced to life without parole. Joshua Fulgham was similarly convicted of first-degree murder and kidnapping in the death. At a separate trial, where he pled guilty, Joshua Fulgham received two consecutive sentences of life in prison for his involvement in Strong's murder.

<span class="mw-page-title-main">Department of Children and Family Services (Los Angeles County)</span>

Department of Children and Family Services (DCFS) is an agency of the government of Los Angeles County. DCFS's operations involve investigating child welfare and abuse allegations, foster care, and adoption.

The "Baby Lollipops" murder was the murder in 1990 of three-year-old Lazaro Figueroa by his mother Ana Maria Cardona in Florida. The body of Lazaro was found abandoned, and identified through house-to-house inquiries. The case was widely covered in US media, who called the initially unidentified boy "Baby Lollipops", after the design on the T-shirt he was wearing when found.

<i>The Trials of Gabriel Fernandez</i> 2020 American documentary television series

The Trials of Gabriel Fernandez is a 2020 American true crime documentary television series about the 2013 murder and abuse of Gabriel Fernandez, an eight-year-old boy from Palmdale, California. It was released on Netflix as a six-part miniseries on February 26, 2020.

Anthony Avalos was a ten-year-old American boy who was tortured and killed after being beaten and suffering internal bleeding. When his body was discovered, it showed signs of physical abuse and malnutrition. His mother, Heather Barron, and her boyfriend, Kareem Leiva, were charged with first-degree murder with special circumstances of torture.

<span class="mw-page-title-main">Jonathan Hatami</span> American lawyer

Jonathan "Jon" Amir Hatami is an American prosecutor who is a Deputy District Attorney in the Complex Child Abuse Section in the office of the Los Angeles County District Attorney. Hatami has prosecuted prominent child abuse cases, including the one depicted in the 2020 Netflix documentary The Trials of Gabriel Fernandez. On March 29, 2023, Hatami announced his 2024 campaign for Los Angeles County District Attorney in Whittier, California. On March 7, 2024, Hatami conceded that he had lost the district attorney's race after placing third in the primary election.

References

  1. ↑ Fry, Hannah; Stiles, Matt (May 22, 2019). "After 2 suspected homophobic killings, audit finds broader issues with L.A. child welfare". Los Angeles Times. Archived from the original on November 27, 2021. Retrieved November 27, 2021.
  2. ↑ "The Murder of 8-year-old Gabriel Fernandez, a Netflix Documentary". www.oregonherald.com. Archived from the original on September 19, 2021. Retrieved September 19, 2021.
  3. ↑ "isauro Aguirre | Invisible Children". February 20, 2014. Archived from the original on June 5, 2024. Retrieved March 18, 2020.
  4. ↑ "Grandfather Testifies About Having to Give Boy's Custody Back to His Accused Killers". CBS Los Angeles. October 30, 2017. Archived from the original on October 5, 2021. Retrieved August 31, 2022.
  5. ↑ Gajanan, Mahita. "The Heartbreaking Story Behind Netflix's Documentary Series 'The Trials of Gabriel Fernandez'". Time. Archived from the original on November 27, 2020. Retrieved March 17, 2020.
  6. 1 2 Hanlon, Greg; Pelisek, Christine. "Everything to Know About Gabriel Fernandez's Tragic Abuse Case Examined in Netflix Docuseries". People. Retrieved March 17, 2020.
  7. ↑ Fry, Hannah; Stiles, Matt (May 22, 2019). "After 2 suspected homophobic killings, audit finds broader issues with L.A. child welfare". Los Angeles Times. Archived from the original on November 27, 2021. Retrieved November 27, 2021.
  8. ↑ "Boy's alleged abuse described in graphic grand jury testimony". Los Angeles Times . August 19, 2014. Archived from the original on June 5, 2024. Retrieved May 7, 2021.
  9. ↑ "Malnourished boy found dead in Echo Park closet was subject of earlier child abuse reports, LAPD says". Los Angeles Times . August 25, 2016. Archived from the original on May 7, 2021. Retrieved May 7, 2021.
  10. ↑ Spencer, Samuel (February 28, 2020). "What happened to Gabriel Fernandez's grandparents?". Newsweek. Archived from the original on March 19, 2020. Retrieved March 18, 2020.
  11. 1 2 Biswas, Shuvrajit Das (February 26, 2020). "Where is Pearl Fernandez Now? Gabriel Fernandez's Mother Today". The Cinemaholic. Archived from the original on February 27, 2020. Retrieved March 18, 2020.
  12. 1 2 3 Warnock, Caroline (February 26, 2020). "Pearl Fernandez, Gabriel Fernandez's Mother: 5 Fast Facts". Heavy.com. Archived from the original on March 18, 2020. Retrieved March 19, 2020.
  13. ↑ "What Happened To Pearl Fernandez? An Update On What's Happened To Gabriel Fernandez's Mom Since The Documentary". YourTango. March 6, 2020. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  14. ↑ 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. Archived from the original on August 3, 2023. Retrieved August 14, 2023.
  15. ↑ "Inmate Information". CDCR. Retrieved March 19, 2020.[ permanent dead link ]
  16. ↑ "Judge Denies Pearl Fernandez's Re-Sentencing Request in Death of 8-Year-Old Gabriel Fernandez". CBS News . June 1, 2021. Archived from the original on January 10, 2025. Retrieved January 10, 2025.
  17. ↑ "Mother, Boyfriend Sentenced for Torture-Murder of 8-Year-Old Gabriel Fernandez" (PDF). Los Angeles County District Attorney's Office. June 7, 2018. Archived (PDF) from the original on January 10, 2025. Retrieved January 10, 2025.
  18. ↑ Warnock, Caroline (February 26, 2020). "Isauro Aguirre, Gabriel Fernandez's Murderer: 5 Fast Facts". Heavy.com. Archived from the original on March 18, 2020. Retrieved March 19, 2020.
  19. ↑ "Who Is Isauro Aguirre, The Man Who Murdered 8-Year-Old Gabriel Fernandez?". Oxygen Official Site. February 26, 2020. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  20. ↑ "Condemned Inmate List". California Department of Corrections and Rehabilitation. Archived from the original on January 10, 2025. Retrieved January 10, 2025.
  21. ↑ Spencer, Samuel (March 2, 2020). "Which prisons are the killers of Gabriel Fernandez in?". Newsweek. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  22. ↑ "CDRC Inmate Locator - Inmate Information - AGUIRRE, ISAURO". ca.gov. Retrieved August 28, 2021.[ permanent dead link ]
  23. 1 2 Spencer, Samuel (February 27, 2020). "'The Trials of Gabriel Fernandez': Who is Isauro Aguirre and Where is He Now?". Newsweek. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  24. ↑ "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. Archived from the original on March 14, 2020. Retrieved March 19, 2020.
  25. ↑ "Calif. mom, boyfriend sentenced in 8-year-old's torture killing". ABC7 Chicago. June 7, 2018. Archived from the original on January 10, 2025. Retrieved January 10, 2025.
  26. 1 2 3 "Jury Recommends Death Sentence for Isauro Aguirre for Murder of 8-Year-Old Gabriel Fernandez". KTLA. December 13, 2017. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  27. ↑ "Jury selection begins in trial over local boy's death". ourweekly.com. September 29, 2017. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  28. ↑ "Mother's boyfriend found guilty in systematic torture, murder of 8-year-old boy". WXMI. November 16, 2017. Archived from the original on March 19, 2020. Retrieved March 19, 2020.
  29. 1 2 3 Reyes-Velarde, Alejandra (July 15, 2020). "Charges Dismissed against Social Workers Linked to Gabriel Fernandez's Killing". Los Angeles Times. Archived from the original on March 7, 2022. Retrieved March 1, 2022.
  30. 1 2 3 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. Retrieved May 4, 2022.
  31. 1 2 3 4 Hinkamp, C (2021). "Review: netflix's the trials of gabriel fernandez". Children's Legal Rights Journal. 41 (1): 68–72. Retrieved May 4, 2022.
  32. ↑ 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. Archived from the original on April 29, 2020. Retrieved April 29, 2020.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.