Murder Of Gabriel Fernandez - Wikipedia

2013 murder of an abused eight-year-old American boy

Murder of Gabriel Fernandez
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
Victim	Gabriel Daniel Fernandez, aged 8
Perpetrators	Pearl Fernandez and Isauro Aguirre
Motive	Inconclusive
Charges	Kevin Bom, Patricia Clement, Gregory Merritt, Stefanie Rodriguez:Child abuse, falsifying public records (dismissed)
Verdict	Fernandez:Pleaded guiltyAguirre:Guilty at trial
Convictions	First-degree murder with special circumstances of torture
Sentence	Fernandez:Life imprisonment without the possibility of paroleAguirre:Death (de jure)

Gabriel Daniel Fernandez (February 20, 2005 – May 24, 2013) was an eight-year-old boy from Palmdale, California, United States, who died after months of severe abuse and torture. His death resulted from a beating inflicted by his mother, Pearl Fernandez, and her boyfriend, Isauro Aguirre. Both were charged and convicted of first-degree murder with special circumstances of torture. Pearl was sentenced to life imprisonment without parole and Aguirre was sentenced to death.

Social workers associated with the case were charged with child neglect and falsifying public records due their handling of his case. Ultimately, their charges were dismissed by an appeals court.

Victim

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Gabriel Daniel Fernandez[1] was born on February 20, 2005, to Arnold Contreras and Pearl Fernandez.[2] Shortly after his birth, Fernandez was placed in the care of his great-uncle, Michael Lemos Carranza, and Carranza's partner, David Martinez. In 2009, when Fernandez was four years old, he went to live with his grandparents after his grandfather voiced disapproval of him being raised by a same-sex couple. Fernandez remained with his grandparents until September 2012, when his mother and her boyfriend, Isauro Aguirre, took him into their custody.[3] Other family members expressed concern at this due to Pearl's alleged neglect of her other children.[4]

Abuse and murder

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Throughout his eight-month stay in the home of Pearl Fernandez and Isauro Aguirre, Gabriel Fernandez was systematically abused and tortured. This included physical beatings, burns from cigarettes and heated objects, his teeth beaten out with a bat, hangers, pepper spray, shots from a BB gun, golf club, bite marks, and the forced consumption of cat litter, cat feces, spoiled food, and his own vomit. The torture extended to psychological abuse, including being forced to sleep bound and gagged in a cabinet and made to wear girls' clothing. Fernandez's siblings reported that the couple often laughed while inflicting the abuse.[5] According to prosecutors, one of Aguirre's motivations for abusing Fernandez was his belief that the boy was gay.[6]

Jennifer Garcia, Fernandez's first-grade teacher at Summerwind Elementary School, made the initial report to the child welfare hotline after Fernandez asked her questions about being whipped.[7][8] Despite a social worker being assigned to Fernandez's case,[7] Garcia continued to witness escalating injuries on Fernandez. She continued to call the hotline and was told each time that a social worker would investigate.[8] However, no medical assessments were ever conducted, and social workers visiting the home spoke only with Fernandez's mother, never interviewing Fernandez himself.[7]

On May 22, 2013, Fernandez was rendered unresponsive after a beating reportedly inflicted for not tidying his toys. Pearl called 911, and paramedics discovered Fernandez naked with severe injuries, including a cracked skull, broken ribs, and BB pellets lodged in his body.[5] Fernandez was transported to Antelope Valley Hospital, where he was declared brain dead; he died two days later at Children's Hospital Los Angeles. An autopsy concluded that Fernandez's death was a direct result of blunt force trauma, aggravated by neglect and malnutrition.[9][10]

Perpetrators

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Pearl Fernandez

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Pearl Sinthia Fernandez was born on August 29, 1983, to Robert and Sandra Fernandez.[11][12][13] 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 reported experiencing further trauma, including an alleged attempted rape by her uncle and being held hostage and repeatedly raped by a group of men, leading to suicidal ideation.

Fernandez had four children with Arnold Contreras, including Gabriel. She left Gabriel at the hospital three days after his birth, but regained custody of him in 2012. While Fernandez claims that many of her romantic partners (including Aguirre) were abusive, her aunt, Elizabeth Carranza, and Carranza's partner, dispute this, alleging that Fernandez herself was abusive and controlling towards her partners. Additionally, Fernandez had pending charges against her for threatening to stab Contreras. Following Gabriel's death, Pearl reported abusing the opioid drugs oxycodone and Norco.[12][13][14]

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."[13][15]

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.[16] In April 2021, she filed a petition seeking re-sentencing, but the petition was dismissed by Los Angeles Superior Court Judge George G. Lomeli, who concluded she was "not entitled to re-sentencing relief".[17]

Isauro Aguirre

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Isauro "Tony" Aguirre was born on June 13, 1980.[18] Aguirre repeated two grades in school and ultimately dropped out, implying a possible learning disability.[19] He was employed at Woodland Park Retirement Hotel for three years, working as a caregiver and driver. The executive director of the retirement home described Aguirre 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.[20] He was admitted to San Quentin State Prison on June 13, 2018, to await execution.[21] However, due to California governor Gavin Newsom's moratorium on capital punishment, his execution date remains undetermined.[22] In 2021, Aguirre was transferred to Richard J. Donovan Correctional Facility in San Diego.[23]

Legal proceedings

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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.[24] However, when Gabriel died, Fernandez and Aguirre were both charged with first degree murder with special circumstances of torture; prosecutors pursued the death penalty.[25]

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."[26]

Trial of Isauro Aguirre

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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.[27]

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.[28][27]

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.[27]

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.[29] 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.[24]

Social workers

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Social workers Stefanie Rodriguez and Patricia Clement, along with their supervisors Kevin Bom and Gregory Merritt, were accused of neglecting Fernandez and falsifying public records.[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.[8]

The child abuse charges against the social workers were dropped in January 2020, as justices in the 2nd District Court of Appeal ruled that failure to remove Fernandez from his abusers did not constitute criminal liability for child abuse.[30] Nine sheriff's deputies were internally disciplined for not properly investigating the abuse allegations.[31]

Media portrayal

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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 and subsequent responses by the media and local government.

The Indie game Bad Parenting 1: Mr. Red Face[32] by Vietnamese developer 2OO2 is loosely based on the case.[33]

See also

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• Murder of Zachary Turner
• Murder of Sylvia Likens
• Murder of Anthony Avalos

References

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1. ^ "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.
2. ^ "isauro Aguirre | Invisible Children". February 20, 2014. Archived from the original on June 5, 2024. Retrieved March 18, 2020.
3. ^ "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.
4. ^ 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.
5. ^ a b Hanlon, Greg; Pelisek, Christine. "Everything to Know About Gabriel Fernandez's Tragic Abuse Case Examined in Netflix Docuseries". People. Retrieved March 17, 2020.
6. ^ 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.
7. ^ 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. Retrieved May 4, 2022.
8. ^ a b c Hinkamp, C (2021). "Review: netflix's the trials of gabriel fernandez". Children's Legal Rights Journal. 41 (1): 68–72. Retrieved May 4, 2022.
9. ^ "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.
10. ^ "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.
11. ^ 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.
12. ^ a b 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.
13. ^ a b c 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.
14. ^ "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.
15. ^ 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.
16. ^ "Inmate Information". CDCR. Retrieved March 19, 2020.[permanent dead link]
17. ^ "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.
18. ^ "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.
19. ^ 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.
20. ^ "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.
21. ^ "Condemned Inmate List". California Department of Corrections and Rehabilitation. Archived from the original on January 10, 2025. Retrieved January 10, 2025.
22. ^ 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.
23. ^ "CDRC Inmate Locator - Inmate Information - AGUIRRE, ISAURO". ca.gov. Retrieved August 28, 2021.[permanent dead link]
24. ^ a b 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.
25. ^ "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.
26. ^ "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.
27. ^ a b c "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.
28. ^ "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.
29. ^ "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.
30. ^ a b 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.
31. ^ 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.
32. ^ Phần, Anh (July 4, 2025). "Is Bad Parenting". Bad Parenting Game. ISSN 0261-3077. Retrieved July 5, 2025.
33. ^ Salasya, Bill Cyril (July 4, 2025). "Is Bad Parenting based on a true story: The real inspiration behind it". MSN. ISSN 0261-3077. Retrieved July 5, 2025.

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