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Thread: Isauro Aguirre - California Death Row

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    Isauro Aguirre - California Death Row


    Gabriel Fernandez, 8



    Isuaro Aguirre

    Arraignment Delayed for Mom, Boyfriend Charged in Boy’s Torture Death

    The arraignment for a Lancaster woman and her boyfriend accused of torturing and killing her 8-year-old son has been continued until October.

    Pearl Fernandez, 29, and Isuaro Aguirre, 32, both appeared in court Tuesday and were scheduled to return Oct. 7.

    They have been charged with one count each of capital murder and a special circumstance of torture.

    Paramedics responded to a call about a child needing help at an apartment in the 200 block of East Avenue Q-10 on May 22.

    Gabriel was found unconscious, with markings around his ankles suggesting he may have been tied up, police said.

    He was also found to have cigarette burns on his body, a skull fracture and several broken ribs.

    Gabriel was transported to an area hospital and then airlifted to Children’s Hospital Los Angeles, where he died two days later.

    During an interview, Aguirre admitted causing the injuries to the child, investigators said.

    Fernandez, 29, admitted that she was present during the assault and did not intervene on behalf of the boy, police said.

    Prosecutors were expected to ask that the pair be held without bail.

    The Los Angeles Department of Children and Family Services fired two social workers and two supervisors in the wake of the boy’s death, the Los Angeles Times reported.

    Records indicated that there had been more than six visits by social workers to the Fernandez home over the last decade.

    There was an investigation with the L.A. County Department of Child and Family Services that had been open for some 60 days.

    http://ktla.com/2013/08/13/mom-boyfr...#ixzz2bts9ynGM
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    Relatives claim LA County's child welfare system responsible for 'wrongful death' of Gabriel Fernandez

    Relatives of Gabriel Fernandez – the 8-year-old Palmdale boy who allegedly died at the hands of his mother and her boyfriend – have filed a claim against the county, blaming it for the "wrongful death" of the child, according to documents.

    The 17-page claim – first obtained by media partner NBC-LA – details a trail of contact between Gabriel, his mother Pearl Fernandez and workers with the Department of Children and Family Services; the Los Angeles County Sheriff's Department; and the Palmdale Unified School District. Those agencies are named in the complaint, which can be read below. It accuses various government officials of failing to take action to protect the child.

    County officials said they are not able to comment on potential litigation. A claim is the first step in filing a lawsuit against a government agency. It must first be rejected before litigation can be filed with the court.

    According to the document, Pearl Fernandez showed up at her parents' house when Gabriel was about a month old, and told them she "did not want Gabriel and had no love for the child." Her parents, Robert and Sandra Fernandez, raised Gabriel until Pearl returned in October 2012 to reclaim custody.

    "Despite the objections of Robert Fernandez and Sandra Fernandez, and the warnings that Pearl Fernandez had previously abused her other children, the Los Angeles County Sheriff's Department removed Gabriel Fernandez from his grandparents' home," according to the claim.

    From there, the Fernandez family says, the warning signs continued: Family members, school personnel, and neighbors filed as many as 64 complaints with DCFS. However, the family believes only five to eight investigations were ever initiated, and none of them completed.

    Despite all of the reports, government workers "never conducted any private individual interviews with Gabriel Fernandez nor did they fully examine Gabriel Fernandez to assure there were no signs of abuse," according to the the claim.

    In one instance, the Fernandez family said they informed a man investigating them for welfare fraud about the alleged child abuse by the mother.

    Instead of investigating or reporting the abuse, the family says that investigator Javier Cruz called Pearl Fernandez the next day and asked her for a date, according to the document. Javier Cruz is named in the claim, along with his employer, the Department of Public Social Services.

    Gabriel was removed from life support and died on May 24, two days after he was admitted to the hospital. Pearl Fernandez and her boyfriend, Isauro Aguirre, have both been charged with murder. They are next due in court October 7.

    Read the claim filed by Robert and Sandra Fernandez against the County of Los Angeles, the Los Angeles Coun... by scprweb

    http://www.scpr.org/news/2013/08/27/...lleged-failur/
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    Mom, Boyfriend Plead Not Guilty in Gabriel Fernandez's Murder

    A Palmdale mother and her boyfriend pleaded not guilty to one count each of capital murder in connection with the fatal 2013 beating of 8-year-old Gabriel Fernandez.

    Fernandez’s death ignited a firestorm of controversy after it was discovered Los Angeles County’s Department of Child and Family Services had recently returned him to her care despite more than 60 allegations of child abuse.

    Pearl Sinthia Fernandez, 30, and Isauro Aguirre, 34, were each indicted with one count of capital murder with the special circumstance of torture. They have been in custody since their arrest in May 2013.

    On May 22, 2013, Gabriel was found barely breathing in his mother’s Palmdale apartment. He showed signs of having been beaten, restrained, shot with a BB gun in the groin and other torture.

    Prosecutors said they took the case to the grand jury in July to avoid continued delays that have plagued the case.

    They are due back in court August 14.

    Prosecutors said they will decide at a later date whether to seek the death penalty or life in prison without the possibility of parole.

    In the year since his death, Fernandez's case has become a rallying cry for reform in the system, with protests and demands for change at public meetings across the state.

    The outcry sparked the creation of a Blue Ribbon Commission to oversee changes to DCFS.

    http://www.nbclosangeles.com/news/lo...270206101.html
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    Timeline: Gabriel Fernandez Child Abuse Death

    The death of Gabriel Fernandez, 8, a year ago sparked outrage and controversy at Los Angeles County's child welfare system.

    The boy had been beaten, shot with a BB gun and tortured before he was found in the Palmdale apartment where he lived with his mother, her boyfriend and two siblings.

    Custody of Gabriel had recently been returned to his mother, despite more than 60 complaints lodged with the Department of Children and Family Services and eight investigations into the family.

    Prior to Pearl Fernandez regaining custody, he was in the care of his maternal grandparents.

    Once he moved back in with his mother in October 2012, teachers began noticing bruises and other injuries. They were reported to authorities, but Gabriel remained in the custody of his mother.

    In the year since his death, Fernandez's case has become a rallying cry for reform in the system, with protests and demands for change at public meetings across the state.

    The outcry sparked the creation of a Blue Ribbon Commission to oversee changes to DCFS.

    In late April, that panel returned a detailed report calling on the county to make more than 40 changes to the way child abuse cases are handled in Los Angeles County.

    October 2012 - Gabriel returned to mother’s custody after years with maternal grandparents. His grandparents alleged DCFS employees were negligent.

    May 22, 2013 - Gabriel was found barely breathing in his mother’s Palmdale apartment. He showed signs of having been beaten, restrained, shot with a BB gun in the groin and other torture.

    May 23, 2013 - Gabriel's mother Pearl Fernandez and then-boyfriend Isauro Aguirre were arrested in connection with Gabriel's torture death.

    May 24, 2013 - Gabriel died at Children’s Hospital Los Angeles.

    May 28, 2013 - Pearl Fernandez and Aguirre were charged with capital murder in Gabriel's death.

    June, 2013 - September 2013 - A number of protests took place across the county, calling on county officials to reform child protective services in the region.

    June 25, 2013 - LA County Board of Supervisors voted to create Blue Ribbon Commission.

    July 30, 2013 - DCFS Director Philip Browning announced that four workers will be discharged in connection with the Fernandez case.

    August 27, 2013 - Maternal grandparents of Gabriel filed a claim against the county, the pre-cursor to a lawsuit. They claim DCFS erred in returning Gabriel to his mother.

    April 22, 2014 - Blue Ribbon Commission returned to the Board of Supervisors a scathing report. It detailed wide-ranging recommendations for changes to the way the County handles abused children.

    June 2, 2014 - Fernandez and Aguirre due back in court.

    http://www.nbclosangeles.com/news/lo...260297591.html
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    **WARNING GRAPHIC CONTENT**

    Boy's alleged abuse described in graphic grand jury testimony

    By SOUMYA KARLAMANGLA, ABBY SEWELL, LAURA J. NELSON
    The Los Angeles Times

    Before 8-year-old Gabriel Fernandez was allegedly beaten to death by his mother and her boyfriend, they doused him with pepper spray, forced him to eat his own vomit and locked him in a cabinet with a sock stuffed in his mouth to muffle his screams, according to court records made public Monday.

    Sworn grand jury testimony provided a graphic examination of the abuse that the Antelope Valley boy allegedly suffered before his death in May of 2013. The incident prompted calls for sweeping reforms to the troubled Los Angeles County foster-care system because child welfare workers failed to remove the boy. Officials have taken steps to fire two social workers and two supervisors, while others involved in the case received letters of warning or reprimand.

    More than 800 pages of testimony reviewed by The Times also provide a clearer picture of how, despite multiple allegations of abuse, Gabriel's case seemingly slipped through the cracks.

    Gabriel's mother, Pearl Fernandez, called 911 on May 22, 2013, to report that her son was not breathing. She told sheriff's deputies who arrived at the apartment that Gabriel had fallen and hit his head on a dresser, according to testimony. When paramedics arrived, they found Gabriel naked in a bedroom, not breathing, with a cracked skull, three broken ribs and BB pellets embedded in his lung and groin. He died two days later.

    "It was just like every inch of this child had been abused," testified James Cermak, a Los Angeles County Fire Department paramedic.

    Fernandez, 30, and her boyfriend, Isauro Aguirre, 34, are in jail awaiting trial on charges of capital murder and a special circumstance of torture. They have pleaded not guilty. Attorneys representing the couple could not be reached for comment Monday. Because of repeated delays in setting a preliminary hearing, prosecutors convened a grand jury. The indictment was returned July 28.

    Fernandez and Aguirre deliberately tortured the boy to death, hiding their tracks with forged doctor's notes and lies to authorities, Deputy Dist. Atty. Jonathan Hatami told the grand jury. "For eight straight months, he was abused, beaten and tortured more severely than many prisoners of war," Hatami said.

    The abuse worsened in the months leading up to Gabriel's death, according to testimony from two of his siblings, both of whom are minors. They said Gabriel was forced to eat cat feces, rotten spinach and his own vomit. He slept in a locked cabinet and wasn't let out to go to the bathroom. Fernandez and Aguirre called Gabriel gay, punished him when he played with dolls and forced him to wear girls' clothes to school, the siblings said.

    Fernandez and Aguirre hit Gabriel with a belt buckle, a metal hanger, a small bat and a wooden club, Gabriel's brother said. Their mother once jabbed Gabriel in the mouth with a bat and knocked out several teeth, according to testimony.

    Several agencies investigated allegations of abuse before Gabriel's death without removing the boy from the home. On multiple occasions, deputies went to the family's apartment or to Gabriel's school to investigate reports of abuse and of the boy being suicidal. Each time, they concluded there was no evidence of abuse and did not write a detailed report.

    Timothy O'Quinn, a sheriff's homicide detective, told grand jurors that there was no indication that deputies had removed any of Gabriel's clothing to check for signs of abuse.

    Investigators searching the family's apartment after Gabriel's death found bloodstains, BB gun holes and a wooden club covered in his blood, according to testimony.

    The county has been battling a backlog of child abuse investigations for years. The problem has been especially acute in the Antelope Valley, where Gabriel lived, because some of the department's least experienced social workers work there with the highest caseloads.

    On the day of the fatal beating, Fernandez began hitting Gabriel because he didn't want to pick up his toys, his older brother testified. She dragged him into a bedroom, where Aguirre joined her, and the siblings heard screaming and banging, he said. "And that's when it all stopped," said the brother, 13. "It just went quiet."

    Gabriel died as a result of blunt-force trauma and child neglect, James Kemp Ribe of the L.A. County coroner's office told the grand jury. "I have never seen this many skin injuries on one child," he said.

    Soon after his birth in 2005, Gabriel was sent to live with relatives. In October 2012, Fernandez reclaimed Gabriel and two of his older siblings from her parents.

    Two weeks after Gabriel moved in with Fernandez, his first-grade teacher at Summerwind Elementary School called social workers to say that Gabriel's mother had hit him with a belt buckle and made him bleed. Gabriel had demonstrated that he knew how to snort cocaine, she testified.

    The teacher, Jennifer Garcia, said she called the county several more times after the child came to school with a bloody lip, black eyes and bruises on his face. A social worker who followed up on the complaint about his injured lip said it was a blister, according to testimony.

    In the spring, a counselor at a children's center called 911 after discovering a suicide note Gabriel had written, according to testimony. Authorities dismissed the complaint because he had no specific plan to carry out a suicide, records show.

    Gabriel's siblings said their mother had told them to lie to social workers who came to check on them. His brother said he did it "because I thought she was going to do the same things to me."

    A week before Gabriel's death, school officials asked a deputy to investigate his many absences and what they suspected was child abuse. The deputy said he was given the wrong address and that when he eventually reached Gabriel's mother by phone, she told him her son had moved to Texas with his grandmother.

    http://www.latimes.com/local/countyg...ry.html#page=1
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    Plea Deal in Torture Death of Gabriel Fernandez

    The mother of 8-year-old Gabriel Fernandez and her then-boyfriend will plead guilty to murder and torture charges in the boy's death, sparing them the death penalty, two sources confirmed to NBC4 on Wednesday.

    Pearl Fernandez and then-boyfriend Isauro Aguirre will receive life in prison without parole in exchange for their guilty pleas to first degree murder and torture with special circumstances. Both waived their right to appeal and will spend the rest of their lives behind bars.

    Gabriel was found barely breathing in his mother’s Palmdale apartment on May 22, 2013 and died just two days later. He showed signs of having been beaten, restrained, shot with a BB gun in the groin and other torture.

    The day after he was discovered, Pearl Fernandez and Aguirre were arrested in connection with his torture death. They were charged with capital murder in Gabriel's death on May 28, 2013.

    The case sparked a series of protests throughout the county through the summer, calling on county officials to reform child protective services in which Gabriel had been in the custody of.

    Four social workers would be discharged in connection with the Fernandez case and a blue-ribbon panel released a scathing report, recommending changes to the way the county handles abused children.

    In the criminal court case, testimony revealed that Gabriel was beat with bats, a club which knocked out his teeth. He was shot with a BB gun and pepper spray. He was whipping with the metal part of a belt over eight months.

    Gabriel's maternal grandfather has filed a civil wrongful death lawsuit against the county and the DCFS.

    http://los-angeles-california.yourlo...riel+Fernandez
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    Man Decides Not to Take Plea Deal in 'Gay' Child Torture & Murder Case

    A Southern California man accused of beating and torturing an 8-year-old boy whom he and his ex-girlfriend, the boy's mother, called "gay," has decided not to take a plea deal to murder charges, sources told Los Angels' NBC-affiliate KNBC Thursday.

    Although it was initially reported that Isauro Aguirre and his ex-girlfriend, Pearl Fernandez, Gabriel Fernandez's mother, took to a plea deal that calls for life in prison without chance for parole and no appeals, sources told KNBC last week Aguirre has not taken the deal.

    Aguirre and Fernandez were planning to plead guilty to first-degree murder and torture charges with special circumstances, the source said. Aguirre has until the Dec. 3 court hearing to accept the deal or not and go to trial on the charges. KNBC reports the plea deal was officially submitted into court Thursday.

    Gabriel Fernandez was found barely breathing in his mother's home in Palmdale, Calif. (North of Los Angeles) on May 22, 2013. He died two days later, after paramedics found the boy naked in his bedroom with a cracked skull and broken ribs. He also showed signs of having been restrained and shot by a BB gun in the groin.

    The 8-year-old boy suffered other forms of torture that lasted over the course of eight months. Sources point out that the then-couple called Gabriel Fernandez "gay" and beat him with belts and baseball bats when he was caught playing with dolls. According to authorities, the boy's mother and her then-boyfriend forced him to eat cat feces and his own vomit. They also doused him in pepper spray and locked him inside a cabinet with a sock stuffed in his mouth.

    Pearl Fernandez and Aguirre were arrested the day he was discovered. They were charged with capital murder in the boy's death on May 28, 2013.

    http://www.edgeboston.com/news/crime..._&_murder_case
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    DA To Seek Death Penalty In Death Of Gabriel Fernandez

    A Palmdale couple charged with capital murder in the beating death of the woman’s 8-year-old son will face the death penalty, prosecutors said Wednesday.

    Pearl Sinthia Fernandez, 31, and Isauro Aguirre, 35, were indicted last summer for the May 2013 killing of her son, Gabriel Fernandez, whose death prompted intense scrutiny and investigation into the county’s child welfare system.

    The murder count includes the special circumstance allegation of murder involving the infliction of torture.

    Aguirre was present, but Fernandez was not in court as Deputy District Attorney Jon Hatami announced that the District Attorney’s Office is “going to seek the death penalty as to both defendants in this case.”

    Fernandez and Aguirre are both scheduled to return to court July 14 for a pretrial hearing.

    The two – who are being held without bail – were initially charged in May 2013 with the boy’s killing. Prosecutors took the case to the grand jury last year to avoid continued delays in the case, Hatami said last year.

    Fernandez and Aguirre are accused of inflicting multiple injuries on the boy, who suffered a fractured skull, several broken ribs and was burned.

    Los Angeles County Fire Department personnel were sent on May 22, 2013, to a home in the 200 block of East Avenue Q-10 in response to a call that the boy was not breathing. He was declared brain-dead that day, but not taken off life support until two days later.

    In July 2014, the boy’s father, three siblings and paternal grandparents filed a wrongful death lawsuit against the county departments of Children and Family Services and Public Social Services, the Sheriff’s Department and the Palmdale School District. Fernandez and Aguirre were also named as defendants.

    The lawsuit alleged that the siblings, like Gabriel, were “compelled” by county officials to live with Fernandez and Aguirre and were also “physically and emotionally abused” by the couple.

    Family members, neighbors, teachers and others made more than 60 abuse reports to the proper county authorities, according to the lawsuit.

    County authorities previously said two social workers and two supervisors were ordered fired in the wake of the boy’s death.

    http://losangeles.cbslocal.com/2015/...iel-fernandez/
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    Related:

    District Attorney Jackie Lacey Announces Charges Filed Against Four Social Workers In Death of Gabriel Fernandez


    Los Angeles County District Attorney Jackie Lacey announced today that four social workers were charged with child abuse and falsifying public records in the death of 8-year-old Gabriel Fernandez three years ago.

    “Social workers play a vital role in society. We entrust them to protect our children from harm,” District Attorney Lacey said. “When their negligence is so great as to become criminal, young lives are put at risk.

    “By minimizing the significance of the physical, mental and emotional injuries that Gabriel suffered, these social workers allowed a vulnerable boy to remain at home and continue to be abused,” District Attorney Lacey said.

    “We believe these social workers were criminally negligent and performed their legal duties with willful disregard for Gabriel’s well-being,” District Attorney Lacey said. “They should be held responsible for their actions.”

    A complaint for an arrest warrant filed on March 28 charges social workers Stefanie Rodriguez (dob 4/16/85) and Patricia Clement (dob 7/27/50), and their respective supervisors, Kevin Bom (dob 6/3/79) and Gregory Merritt (dob 9/29/55), each with one felony count of child abuse and one felony count of falsifying public records.

    The four are scheduled to be arraigned sometime after 8:30 a.m. today at the Foltz Criminal Justice Center, Department 30, in case BA445260. Prosecutors will ask that bail be set at $155,000 for each defendant.

    Deputy District Attorney Ana Maria Lopez with the Public Integrity Division is prosecuting the case.

    Rodriguez, Clement, Bom and Merritt worked for the Los Angeles County Department of Children and Family Services and had a legal duty to protect Gabriel from the time the DCFS case was opened on Oct. 31, 2012, until he was declared dead on May 24, 2013. He died from multiple injuries, including a fractured skull, broken ribs and burns over his body, prosecutors said.

    Rodriguez and Clement are accused of falsifying reports that should have documented signs of Gabriel’s escalating physical abuse and the family’s lapsed participation in DCFS efforts to provide help to maintain the family.

    Prosecutors allege that Bom and Merritt knew or should have known that they were approving false reports that conflicted with the evidence of Gabriel’s deteriorating physical well-being as contained in the child’s case file, allowing him to remain at home until his death.

    If convicted, each defendant faces up to 10 years in state prison.

    http://da.co.la.ca.us/media/news/dis...-workers-death
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    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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    LA County Board approves settlement over 8-year-old’s death in Palmdale

    By Susan Abram
    The Los Angeles Daily News

    The Los Angeles County Board of Supervisors voted behind closed doors Tuesday to approve a settlement with the family of Gabriel Fernandez, the 8-year-old Palmdale boy who was beaten to death, allegedly by his mother and her then-boyfriend.

    The details of the settlement will not be available until it is finalized by all parties but two county claims boards voted in June to recommend that the county pay $2.63 million. The next scheduled court date regarding the lawsuit is in October when details of the settlement are expected to be finalized, according to county officials.

    Gabriel’s death garnered national attention because of the depth of pain that investigators say the boy experienced at the hands of his mother, Pearl Fernandez, and her boyfriend Isauro Aguirre and at the lack of urgency by social workers with the Los Angeles County Department of Children and Family Services to rescue him.

    His death in May of 2013, also sparked criticism of LA County departments, which were referred to as massive silos that operated independently and without coordination. As a result, a blue-ribbon commission on child welfare was created and released reforms on how all the departments could better communicate. Later, the county formed an Office of Child Protection.

    In addition, criminal charges were filed in April against the two former Los Angeles County social workers and their supervisors who were in charge of Gabriel’s case, alleging child abuse and falsifying records. When he died, the boy had a fractured skull, several broken ribs and burns over his body, prosecutors said.

    Earlier this month, a judge rejected arguments to dismiss charges against defendants Stefanie Rodriguez, 31, and Patricia Clement, 65, and supervisors Kevin Bom, 37, and Gregory Merritt, 60.

    Gabriel lived with his mother’s parents in Pacoima from the age of 1 month until October 2012, when his mother decided she wanted custody and asked the DCFS for help, according to court records. On May 22, 2013, only months after he went to live with his mother, Gabriel was found unresponsive and died at a local hospital two days later. Court records indicated there were more than 60 complaints lodged with DCFS about Pearl Fernandez and eight separate investigations started on the family, including one underway when Gabriel died.

    Pearl Fernandez, 32, and then-boyfriend, Aguirre, 36, are charged with murder in connection with Gabriel’s death. Prosecutors announced last year they would seek the death penalty against the two, who are awaiting a pretrial hearing scheduled for Thursday.

    The board voted 4-0 to approve the settlement. Supervisor Hilda Solis was absent Tuesday.

    http://www.dailynews.com/general-new...th-in-palmdale

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